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SCHNEIDER v. HOWE

No. 30248.

133 P.3d 1232 (2006)

Glen A. SCHNEIDER, as Trustee of the Glen A. Schneider Revocable Trust, Plaintiff-Respondent, v. Montie HOWE and Chris Howe, husband and wife, Defendants-Appellants.

Supreme Court of Idaho, Boise, February 2006 Term.

April 11, 2006.

Attorney(s) appearing for the Case

Robert L. Crowley, Jr., Rigby, argued for appellants.

Rigby, Thatcher, Andrus, Rigby & Moeller, Chtd., Rexburg, for respondent. Gregory W. Moeller argued.

BURDICK, Justice.

This matter involves a dispute over the existence of a roadway easement in Jefferson County. Respondent Glen A. Schneider as trustee of The Glen A. Schneider Revocable Trust (Schneider) sought a declaratory judgment that a public road easement existed over a portion of the Spencer subdivision (the subdivision) as shown on the plat of the subdivision. The case comes to this Court on appeal from the judgment of the district court confirming the existence...

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