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ZINGIBER INV. v. HAGERMAN HIGHWAY DIST.

Nos. 36298, 36840.

249 P.3d 868 (2011)

ZINGIBER INVESTMENT, LLC, an Idaho limited liability company, Plaintiff-Appellant, v. HAGERMAN HIGHWAY DISTRICT, Defendant-Respondent, and Lynn Babington and Kathy Babington, husband and wife; and Clifton E. Jensen and Suzanne K. Jensen, husband and wife, dba LynClif Farms, LLC, an Idaho limited liability company, Intervenors-Respondents.

Supreme Court of Idaho, Boise, December 2010 Term.

March 22, 2011.

Attorney(s) appearing for the Case

Moffatt, Thomas, Barrett, Rock & Fields, Chtd., Boise, for Appellants William G. Van Horn and Zingiber Investment, LLC. Andrew J. Waldera argued.

Sherer & Wynkoop, LLP, Meridian, for Respondent Hagerman Highway District. David E. Wynkoop argued.

Robertson & Slette, PLLC, Twin Falls, for Intervenors/Respondents Lynn J. Babington , Kathy L. Babington , Clifton E. Jensen , Suzanne Jensen and LynClif Farms, LLC. Gary D. Slette argued.

W. JONES, Justice.

I. NATURE OF THE CASE

This case revolves around the respective rights of LynClif Farms, LLC ("LynClif") and Zingiber Investment, LLC ("Zingiber") in regard to the Padgett Ditch, which crosses both of their properties. LynClif constructed a pipe along the Justice Grade right-of-way, which is located adjacent to Zingiber's land and is under the jurisdiction of the Hagerman Highway District (the "District"). In a consolidated appeal, Zingiber...

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