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CALDWELL v. COMETTO

No. 37157.

253 P.3d 708 (2011)

David L. CALDWELL and Kathy C. Caldwell, husband and wife; Lawrence L. Seiler and Theresa L. Seiler, husband and wife; and Patricia St. Angelo, Plaintiffs-Appellants-Cross Respondents, v. Thomas W. COMETTO and Lori M. Cometto, husband and wife; and Does 1-5, Defendants-Respondents-Cross Appellants.

Supreme Court of Idaho, Lewiston, April 2011 Term.

May 26, 2011.

Attorney(s) appearing for the Case

Macomber Law, PLLC, Coeur d'Alene, for appellants. Arthur B. Macomber argued.

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

W. JONES, Justice.

I. NATURE OF THE CASE

Appellants challenge the district court's refusal to allow the removal of trees within and adjacent to an access-road easement in favor of Appellants running over property belonging to their neighbors, the Comettos. Because there is substantial evidence that the trees do not unreasonably hinder maintenance or snow removal, the district court's order is affirmed. The district court's denial of the parties' requests...

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