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McFADDEN v. SEIN

No. 29149.

88 P.3d 740 (2004)

139 Idaho 921

Bryon and Donna McFADDEN, husband and wife, Plaintiffs-Respondents, v. Osvaldo V. SEIN, Jr., an individual, Sonia Rodriguez, an individual, Defendants-Appellants.

Supreme Court of Idaho, Boise, January 2004 Term.

March 25, 2004.

Attorney(s) appearing for the Case

David E. Kerrick, Caldwell, for appellants.

Hamilton, Michaelson & Hilty, Nampa, for respondents. Mark R. Hilty argued.

TROUT, Chief Justice.

This case involves a dispute over the terms of an easement over private property in Nampa. Appellants Osvaldo Sein, Jr., and Sonia Rodriguez (Sein) appeal the district court's decision granting summary judgment to respondents Bryon and Donna McFadden (the McFaddens), who brought a declaratory judgment action pertaining to an easement over Sein's property to the McFaddens' property, which the McFaddens wish to subdivide into three lots. Sein claims...

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