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CHRISTENSEN v. CITY OF POCATELLO

No. 30902.

124 P.3d 1008 (2005)

142 Idaho 132

Brad CHRISTENSEN and Kristi Christensen, husband and wife, Dennis Fairchild and Linda Fairchild, husband and wife, Plaintiffs-Counterdefendants-Appellants, v. CITY OF POCATELLO, a municipal corporation of the State of Idaho, Defendant-Counterclaimant-Respondent.

Supreme Court of Idaho. Pocatello, September 2005 Term.

November 23, 2005.

Attorney(s) appearing for the Case

Ronald S. George, Pocatello, Idaho, for appellants. Ronald S. George argued.

Richard A. Diehl, Jr., Pocatello, Idaho, for respondent. Richard A. Diehl, Jr., argued.

JONES, Justice.

The Christensens and Fairchilds initiated this action to prevent the City of Pocatello from extending its Portneuf Greenway, a biking and walking path, over an unopened road and an easement, both of which traverse their property. The City counterclaimed, seeking an order allowing it to proceed with the Greenway extension. After deciding some of the issues on summary judgment and conducting a bench trial on other issues, the district court ruled in...

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