MACHADO v. RYAN

No. 37888.

280 P.3d 715 (2012)

Jerry MACHADO and Terry Machado, husband and wife, Plaintiffs/Counterdefendants/Appellants/ Cross-Respondents, v. Charles L. RYAN and Carol Ryan, husband and wife, Trustees of the Charles and Carol Ryan Trust, Jane Doe Ryan, John Doe Ryan, John Does I-III, Jane Does I-III, and any other person or entity claiming an interest in the following parcel of real property located in the County of Benewah, State of Idaho, to Wit: a tract of land situated in the Northwest Quarter of the Southeast Quarter of the Southeast Quarter of Section 19, Township 45 North, Range 1 West of the Boise Meridian, County of Benewah, State of Idaho, Defendants/Counterclaimants/ Respondents/Cross-Appellants. Charles L. Ryan and Carol Ryan, husband and wife, Third-Party Plaintiffs/Respondents/ Cross-Appellants, v. Richard F. Clinton and John Does I-III, Jane Does I-III, and any other person or entity claiming an interest in the following parcel of real property located in the County of Benewah, State of Idaho, to Wit: a tract of land situated in the NW ½ of the SE ¼ of the SE ¼ of Section 19, Township 45 North, Range 1 West of the Boise Meridian, County of Benewah, State of Idaho, Third-Party Defendants/Appellants/ Cross-Respondents. Kristopher Jones, Intervenor/Respondent/Cross-Appellant, v. Richard Clifton, Jerry Machado and Terry Machado, husband and wife, and John Does I-III, Jane Does I-III, and any other person or entity claiming an interest in the following parcel of real property located in the County of Benewah, State of Idaho, to Wit: a tract of land situated in the NW ½ of the SE ¼ of the SE ¼ of Section 19, Township 45 North, Range 1 West of the Boise Meridian, County of Benewah, State of Idaho, and a tract of land situated in the NW ¼ of the SW ¼ of the SE ¼ of Section 19, Township 45 North, Range 1 West of the Boise Meridian, County of Benewah, State of Idaho, Defendants/Appellants/Cross-Respondents.

Supreme Court of Idaho, Coeur d'Alene, April 2012 Term.

June 29, 2012.


Attorney(s) appearing for the Case

Linscott Law Firm, PLLC, Coeur d'Alene, for appellants. April Linscott argued.

Ian D. Smith , Coeur d'Alene, for respondents.


HORTON, Justice.

Jerry and Terry Machado (the Machados) and Richard Clifton appeal from the district court's decision finding that their properties are burdened by an express easement and an implied easement by necessity in favor of Charles and Carol Ryan (the Ryans) and Kristopher Jones.1 Ryan and Jones cross-appeal the district court's failure to rule on their claims of implied easement by prior use and easement by prescription. We affirm...

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