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THOMAS v. MADSEN

No. 31172.

132 P.3d 392 (2006)

Dale J. THOMAS, Plaintiff-Respondent, v. Daniel R. MADSEN, Defendant-Appellant.

Supreme Court of Idaho, Boise, February 2006 Term.

March 10, 2006.

Attorney(s) appearing for the Case

F. Randall Kline, Chtd., Pocatello, for appellant.

Steven R. Fuller Law Office, Preston, for respondent.

EISMANN, Justice.

This is an appeal from a judgment affirming an implied easement by prior use and awarding attorney fees under Idaho Code § 12-121. We uphold the finding of an easement and reverse the award of attorney fees.

I. FACTS AND PROCEDURAL HISTORY

On May 5, 1970, defendant Dale J. Thomas (Thomas) and his wife purchased a 50-acre parcel of property from Dale's father. The property had...

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