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TURNER v. COLD SPRINGS CANYON LIMITED PARTNERSHIP

No. 31795.

141 P.3d 1096 (2006)

Roger D. TURNER and Sally D. Turner, husband and wife, Plaintiffs-Respondents, v. COLD SPRINGS CANYON LIMITED PARTNERSHIP, an Idaho limited partnership, Defendant-Appellant.

Supreme Court of Idaho, Boise, May 2006 Term.

August 1, 2006.

Attorney(s) appearing for the Case

Moffatt, Thomas, Barrett, Rock & Fields, Chartered, Boise, for appellant. Robert B. Burns argued.

Lawson & Laski, PLLC, Ketchum, for respondents. Erin F. Clark argued.

SCHROEDER, Chief Justice.

This is an appeal by the owner of a servient estate from a judgment declaring the existence of a permanent, unmovable, twenty-foot-wide easement.

I.

BACKGROUND AND PRIOR PROCEEDINGS

Roger and Sally Turner and Cold Springs Canyon own adjoining parcels ("the Turner property" and "the Cold Springs property"). These parcels were previously owned by Eugene and Edith Harsin as parts of Section 30, a larger parcel. The...

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