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FARR WEST INVESTMENTS v. TOPAZ MARKETING

No. 35494-2008.

220 P.3d 1091 (2009)

FARR WEST INVESTMENTS, Plaintiff-Respondent, v. TOPAZ MARKETING L.P., and Dennis Lower, Defendants-Appellants.

Supreme Court of Idaho, St. Anthony, September 2009 Term.

November 27, 2009.

Attorney(s) appearing for the Case

Kenneth E. Lyon, Jr., Pocatello, for appellants.

F. Randall Kline, Pocatello, for respondent.

EISMANN, Chief Justice.

This is an appeal from a judgment awarding damages for injury to real property. We affirm the judgment of the district court.

I. FACTS AND PROCEDURAL HISTORY

Farr West Investments (Farr West) and Vilarr Ransom (Ransom) filed separate lawsuits against Topaz Marketing, L.P., and Dennis Lower (collectively Lower) to recover damages for injury to real property caused when Lower constructed a road on an easement crossing Farr West...

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