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BIRD v. BIDWELL

No. 35314-2008.

209 P.3d 647 (2009)

Mike and Verla BIRD, Plaintiffs-Appellants, v. Gary and Linda BIDWELL, Defendants-Respondents.

Supreme Court of Idaho, Boise, May 2009 Term.

May 29, 2009.

Attorney(s) appearing for the Case

Nalder Law Office, P.C., Idaho Falls, for appellants. Benjamin K. Mason argued.

Lynn Hossner, St. Anthony, for respondents.

EISMANN, Chief Justice.

This is an appeal from a judgment dismissing an action seeking a determination that the plaintiffs had an implied easement by prior use. We affirm the judgment of the district court.

I. FACTS AND PROCEDURAL HISTORY

Virgil and Lillis Mickelsen were the owners of an 80-acre parcel of property located in Fremont County. The property was rectangular in shape, with the long boundaries running north and south and the southern boundary...

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