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TWIN LAKES CANAL CO. v. CHOULES

No. 37058.

254 P.3d 1210 (2011)

TWIN LAKES CANAL COMPANY, an Idaho corporation, Plaintiff-Appellant, v. Warren CHOULES, an individual, and Sessilee J. Choules, as Trustees of the Choules Family Trust, Defendants-Respondents.

Supreme Court of Idaho, Boise, May 2011 Term.

Rehearing Denied July 22, 2011.

Attorney(s) appearing for the Case

Holden, Kidwell, Hahn & Crapo, Idaho Falls, for appellant. Robert L. Harris argued.

Moore, Baskin & Elia, Boise and Atkin Law Offices, Bountiful, Utah, for respondents. Steven R. Kraft argued.

BURDICK, Justice.

At issue in this case is the interpretation of I.C. § 5-246, which provides for obtaining prescriptive overflow easements. Appellant Twin Lakes Canal Company (Twin Lakes) owns and operates Twin Lakes Reservoir. Respondents Warren Choules and Sessilee J. Choules, Trustee of the Choules Family Trust, (the Choules) own property subject to a prescriptive overflow easement obtained by Twin Lakes under I.C. § 5-246 for the Twin Lakes Reservoir...

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