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AKERS v. D.L. WHITE CONST., INC.

Nos. 30795, 30845.

127 P.3d 196 (2005)

Dennis Lyle AKERS and Sherrie L. Akers, husband and wife, Plaintiffs-Respondents, v. D.L. WHITE CONSTRUCTION, INC., David L. White and Michelle V. White, husband and wife, Defendants, and Vernon J. Mortensen and Martie Mortensen, husband and wife, Defendants-Appellants. Dennis Lyle Akers and Sherrie L. Akers, husband and wife, Plaintiffs-Respondents, v. D.L. White Construction, Inc., David White and Michelle V. White, husband and wife, Defendants-Appellants, and Vernon J. Mortensen and Martie Mortensen, husband and wife, Defendants.

Supreme Court of Idaho, Coeur d'Alene, October 2005.

December 30, 2005.

Attorney(s) appearing for the Case

Jones, Gledhill, Hess, Andrews, Fuhrman, Bradbury & Eiden, Boise, for appellants in case number 30795. Terri R. Yost argued.

Robert E. Covington, III, Hayden, argued for appellants in case number 30845.

Owens, James, Vernon & Weeks, Coeur d'Alene, for respondents. Leander L. James argued.

BURDICK, Justice.

This action arose from alleged trespass and other torts by the Appellants on land owned by the Respondents. The Appellants hold an easement for ingress and egress over portions of the Respondents' property, but following a bench trial the Appellants were found to have trespassed by exceeding their rights under the easement and by altering a roadway outside of the easement's boundaries. The district court...

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