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BEACH LATERAL WATER USERS ASS'N v. HARRISON

No. 31339.

130 P.3d 1138 (2006)

142 Idaho 600

BEACH LATERAL WATER USERS ASSOCIATION, Plaintiff-Respondent-Cross Appellant, v. Blaine C. HARRISON, Defendant-Appellant-Cross Respondent.

Supreme Court of Idaho, Boise, January 2006 Term.

February 28, 2006.

Attorney(s) appearing for the Case

Matt J. Howard, Boise, argued for appellant.

Moffatt, Thomas, Barrett, Rock & Fields, Boise, for respondent. Angela S. Kaufman argued.

BURDICK, Justice.

Blaine C. Harrison (Harrison) appeals to this Court from a district court decision confirming the existence of a ditch easement implied by prior use held by members of the Beach Lateral Association (the Association) across a portion of Harrison's land. We affirm in part and reverse in part.

I. FACTUAL AND PROCEDURAL BACKGROUND

Harrison's property, as well as that of the members of the Association, was formerly held by a single owner...

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