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FLYING ELK INVESTMENT, LLC v. CORNWALL

No. 35853.

232 P.3d 330 (2010)

FLYING ELK INVESTMENT, LLC, Plaintiff/Appellant, v. David F. CORNWALL, Defendant/Respondent.

Supreme Court of Idaho, Boise, February 2010 Term.

April 26, 2010.

Attorney(s) appearing for the Case

F. Randall Kline, American Falls, for Appellant.

Jones Chartered, Pocatello, for Respondents. Thomas J. Holmes argued.

W. JONES, Justice.

I. NATURE OF THE CASE

This case is a land dispute over a nineteen-acre sliver of land between properties belonging to Flying Elk Investment and David Cornwall. Flying Elk had its lot surveyed in 2003, revealing that a fence dividing the two lots cuts into its property nearly 300 feet in some places. It now seeks to quiet title and obtain possession of the disputed land. Cornwall contends that...

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