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LOWER PAYETTE DITCH CO. v. HARVEY

No. 38163-2010.

271 P.3d 689 (2012)

LOWER PAYETTE DITCH COMPANY, a ditch company existing under the laws of the State of Idaho, Plaintiff-Respondent, v. Robert I. and Margaret HARVEY, Defendants-Appellants.

Supreme Court of Idaho, Boise, December 2011 Term.

January 5, 2012.

Attorney(s) appearing for the Case

Judson W. Tolman , Walker Law Office, Weiser, argued for appellants.

Albert P. Barker , Barker Rosholt & Simpson, LLP, Boise, argued for respondent.

EISMANN, Justice.

This is an appeal challenging the district court's ruling that appellants were not the sole prevailing parties in this litigation. We affirm the judgment of the district court.

I.

Factual Background.

Robert and Margaret Harvey (Defendants) own 220 acres of farmland on an elevated bluff that is near a section of an irrigation canal owned by the Lower Payette Ditch Company...

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