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ANDRUS v. NICHOLSON

No. 33302.

186 P.3d 630 (2008)

Larry G. ANDRUS, Sr., and Linda Andrus, husband and wife, Plaintiffs-Counterdefendants-Appellants, v. Scott NICHOLSON and Sherri Nicholson, husband and wife; Elmer Stahle and Jane Doe Stahle, husband and wife; Rohl Hipwell and Jane Doe Hipwell, husband and wife; and John Does I through X, Defendants-Counterclaimants-Respondents.

Supreme Court of Idaho, Boise, May 2008 Term.

June 4, 2008.

Attorney(s) appearing for the Case

Larry and Linda Andrus, Caldwell, appellants pro se. Larry Andrus argued.

Yost Law Offices, Nampa, for respondents Nicholson. William "Bud" Yost argued.

Schroeder & Lezamiz Law Offices, L.L.P., Boise, for respondents Stahle and Hipwell. W. Alan Schroeder argued.

EISMANN, Chief Justice.

This is an appeal of an order dismissing the action on the ground of res judicata. We affirm the district court and award attorney fees on appeal to the Nicholsons.

I. FACTS AND PROCEDURAL HISTORY

Larry and Linda Andrus own mining claims located on public land in Owyhee County. To access their claims, they have used a road that crosses land owned by Scott and Sherri Nicholson and then land owned by Elmer and Joyce Stahle...

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