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BENNINGER v. DERIFIELD

No. 33408.

179 P.3d 336 (2008)

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

Supreme Court of Idaho, Boise, February 2008.

February 19, 2008.

Attorney(s) appearing for the Case

Finney, Finney & Finney, P.A., Sandpoint, for appellants.

Winston & Cashatt, Coeur d'Alene, for respondents.

BURDICK, Justice.

This case concerns the scope of a prescriptive easement. Appellants appeal from the district court's determination of the scope and argue the declared scope of the easement exceeds its historical use. We affirm the district court.

I. FACTUAL AND PROCEDURAL BACKGROUND

In 2002 Respondents Joseph and Edith Benninger (the Benningers) filed a complaint against Appellants Thomas Derifield...

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