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MESENBRINK v. HOSTERMAN

No. 34714-2007.

210 P.3d 516 (2009)

Herman MESENBRINK and Carol Mesenbrink, husband and wife, Plaintiffs-Respondents, v. Larry D. HOSTERMAN and Sachiko Hosterman, husband and wife; Deon Hubbard and Louise Hubbard, husband and wife, Defendants-Appellants.

Supreme Court of Idaho, Coeur d'Alene, April 2009 Term.

May 29, 2009.

Attorney(s) appearing for the Case

Scott W. Reed, Coeur d'Alene, for appellants.

Featherston Law Firm, Chtd., Sandpoint, for respondents. Brent C. Featherston argued.

EISMANN, Chief Justice.

This is an appeal from a judgment determining the portion of lakeshore owned by a littoral landowner on a nonnavigable lake. Because the parties and the district court applied the law applicable to navigable lakes, we vacate the judgment and remand this case for further proceedings consistent with the law applicable to nonnavigable lakes as set forth in this opinion. We decline to award the respondents attorney fees on appeal.

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