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BENNINGER v. DERIFIELD

No. 30999.

129 P.3d 1235 (2006)

142 Idaho 486

Joseph E. BENNINGER and Edith I. Benninger, husband and wife, Plaintiffs-Respondents-Cross Appellants, v. Thomas E. DERIFIELD, a single person, and Julie Freed, a single person, Defendants-Appellants-Cross Respondents.

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

February 2, 2006.

Attorney(s) appearing for the Case

Finney, Finney & Finney, Sandpoint, for appellants. Rex A.M. Finney argued.

Winston & Cashatt, Coeur d'Alene, for respondents. Brian T. McGinn argued.

SCHROEDER, Chief Justice.

This case involves a claim for easement, nuisance, injunctive relief, and monetary damages by Joseph E. Benninger and Edith I. Benninger (the Benningers) against Thomas E. Derifield and Julie Freed (collectively, "Derifield") for alleged interference and obstruction of a shared driveway easement. Derifield claims that the district court erred in determining that the Benningers have an express easement across the Derifield property and that...

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