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BACH v. MILLER

No. 31658.

158 P.3d 305 (2007)

John N. BACH, Plaintiff-Respondent, v. Katherine D. MILLER aka Katherine M. Miller dba R.E.M., Defendant-Appellant, and Alva Harris, individually & dba Scona, Inc., Jack Lee Mc Lean, Bob Fitzgerald, individually and dba Cache Ranch, Ole Olson, Bob Bagley & Mae Bagley, husband and wife, Blake Lyle, individually and dba Grand Towing, Galen Woelk and Cody Runyan, individually & dba Runyan & Woelk, Ann-Toy Broughton, Wayne Dawson, Mark Liponis, Earl Hamblin, Stan Nickell, Bret Hill & Deena R. Hill, and Does 1 through 30, inclusive, Defendants.

Supreme Court of Idaho, Boise, March 2007 Term.

Rehearing Denied May 10, 2007.

Attorney(s) appearing for the Case

Runyan and Woelk, P.C., Driggs, and Aron & Hennig, LLP, Laramie, Wyoming, for appellant. Galen Woelk argued.

John N. Bach, Driggs, pro se respondent argued.

BURDICK, Justice.

Respondent John N. Bach and Appellant Katherine M. Miller both sought to quiet title to the same property. After the district court quieted title in Miller, Bach sought restitution for improvements he had placed on the property. The district court ordered Miller to pay Bach restitution pursuant to I.C. § 6-414. Miller appeals the award of restitution. We reverse.

I. FACTUAL AND PROCEDURAL BACKGROUND

In 2002 Bach filed suit...

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