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ARGOSY TRUST v. WININGER

No. 30683.

114 P.3d 128 (2005)

141 Idaho 570

ARGOSY TRUST ex rel. ITS TRUSTEE, Alan Andrews, Plaintiff-Appellant, v. Edward WININGER and Vicki Wininger, husband and wife, Defendants-Respondents.

Supreme Court of Idaho, Boise, April 2005 Term.

Rehearing Denied June 28, 2005.

Attorney(s) appearing for the Case

Featherston Law Firm, Sandpoint, for appellant. Brent C. Featherston argued.

Dean & Kolts, Coeur d'Alene, for respondents.

EISMANN, Justice.

This is an appeal by the owner of the dominant estate from a judgment limiting its road easement to a width of ten feet and denying its claim for timber trespass. We affirm the judgment of the district court.

I. FACTS AND PROCEDURAL HISTORY

The defendants-respondents Edward and Vicki Wininger own a rectangular parcel of property with the long sides running in a north-south direction. The plaintiff-appellant Argosy Trust owns two...

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