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KEPLER-FLEENOR v. FREMONT COUNTY

No. 38012.

268 P.3d 1159 (2012)

Joni KEPLER-FLEENOR, an individual, Kistin Fleenor, Blue Sky Management, LLC, Grant Neibaur, Barbara Neibaur, Art Herning, Claire Herning, Jerry Wageman, Cenia Wageman, David Neibaur, Douglas Neibaur, Linda Neibaur, Fritz Murdock, Pattie Murdock, Doran West, Connie West, Kim West, Kerry West, Rick Green, Kelly Green, Gary Killpack, Diane Killpack, Terry Ekbert, Lorraine Ekbert, Randy Steed, Donna Steed, Jerry Nave, Kelly Nave, Brad Neibaur, Diane Neibaur, Wes Fife, Kevin Fleenor, Rick Krumenacker, Shauna Krumenacker, Brian Mordaunt, Pam Mordaunt, Steve Augustin, Laurie Augustin, Plaintiffs-Appellants, v. FREMONT COUNTY, Defendant-Respondent.

Supreme Court of Idaho, Pocatello, August 2011 Term.

Rehearing Denied January 30, 2012.

Attorney(s) appearing for the Case

Holden, Kidwell, Hahn & Crapo, PLLC, Idaho Falls, for appellants. Shan B. Perry argued.

Nelson Hall Perry Tucker, PA, Idaho Falls, for respondent. Blake Hall argued.

SUBSTITUTE OPINION

THE COURT'S PRIOR OPINION DATED NOVEMBER 10, 2012 IS HEREBY WITHDRAWN

W. JONES, Justice.

I. NATURE OF THE CASE

Appellants in this case contend that the district court committed error when it determined that an unnamed road in their subdivision is public by common law dedication. Because the subdivision plat unambiguously dedicates the road, the district court's ruling is affirmed.

II. FACTUAL AND PROCEDURAL...

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