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BEREZOWSKI v. SCHUMAN

No. 29931.

112 P.3d 820 (2005)

141 Idaho 532

Rafal BEREZOWSKI and Danuta Berezowski, husband and wife, Plaintiffs-Appellants, v. Dale SCHUMAN and Renee Schuman, husband and wife, Defendants-Respondents.

Supreme Court of Idaho, Boise, March 2005 Term.

May 5, 2005.

Attorney(s) appearing for the Case

Wetzel & Wetzel, P.L.L.C., Coeur d'Alene, for appellants. Steven C. Wetzel argued.

John Magnuson, Coeur d'Alene, for respondents. John F. Magnuson argued.

JONES, Justice.

This is an appeal from an order granting partial summary judgment, which was certified as final under I.R.C.P. 54(b). The order disposed of all claims in the complaint, leaving a counterclaim for subsequent determination. The case pits one pair of subdivision dwellers against another: the appellants, Rafal and Danuta Berezowski, (the Berezowskis) contend the respondents, Dale and Renee Schuman, (the Schumans) are using their land contrary to the terms...

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