RANSOM v. TOPAZ MARKETING, L.P.

No. 32146.

152 P.3d 2 (2006)

Vilarr RANSOM, as Trustee of the Vilarr B. Ransom Revocable Trust, Plaintiff-Respondent, v. TOPAZ MARKETING, L.P., and Dennis Lower, Defendants-Appellants. Farr West Investments, Plaintiff-Respondent, v. Topaz Marketing, L.P., and Mr. and Mrs. Dennis Lower, Defendants-Appellants.

Supreme Court of Idaho, Pocatello, October 2006 Term.

Rehearing Denied February 26, 2007.


Attorney(s) appearing for the Case

Kenneth E. Lyon Jr., Pocatello, for appellants.

F. Randall Kline, Chtd., Pocatello, for respondent. F. Randall Kline argued.


TROUT, Justice.

Topaz Marketing, L.P. and its owner/officer/agent, Dennis Lower (collectively Lower), appeal from a district court's decision finding it guilty of trespass and in breach of a duty as the non-exclusive owner of an easement.

I.

FACTUAL AND PROCEDURAL BACKGROUND

Two lawsuits against Topaz Marketing and Dennis Lower were combined for purposes of the district court trial: Vilarr Ransom...

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