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STATEWIDE CONST., INC. v. PIETRI

No. 36934.

247 P.3d 650 (2011)

STATEWIDE CONSTRUCTION, INC., Plaintiffs-Respondents, v. Sequoia PIETRI, Luke Crawford, Jim Crawford and Maggie Crawford, Lonnie R. King and Charlene King, husband and wife, Larry Monkarsh, Defendants-Appellants, and M & T Mortgage, First Horizon Home Loans, Estate of Raymond Piatt, Anthony F. Frontino, Gerry Lee Ikola and Ellen I. Ikola, Defendants.

Supreme Court of Idaho, Boise, January 2011 Term.

February 7, 2011.

Attorney(s) appearing for the Case

Evans, Keane, LLP, Boise for appellants. Victor Villegas argued.

Cosho Humphrey, LLP, Boise, for respondents. Mackenzie E. Whatcott argued.

BURDICK, Justice.

This case involves the interpretation and application of I.C. § 55-313 to the relocation of a private roadway/easement used for vehicular travel. The district court granted summary judgment in favor of Statewide Construction, Inc. ("Statewide") in a declaratory judgment proceeding, finding that Statewide, as the owner of the servient estate on which an express easement for vehicular travel was situated, could unilaterally relocate that easement...

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