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IDA-THERM, LLC v. BEDROCK GEOTHERMAL, LLC

No. 39108.

293 P.3d 630 (2012)

IDA-THERM, LLC, Plaintiff-Counterdefendant-Appellant, and Gary Ray Mann and Kalee Mann, husband and wife; Matt Delbert Mann; Alan Kolbet and Matilda Kolbet, husband and wife, Plaintiffs-Counterdefendants, v. BEDROCK GEOTHERMAL, LLC, Defendant-Counterclaimant-Respondent, and CPC Mineral, LLC; Preston R. Bell; Doris Bell Elliott; Janalynn Friend; Manx D. Quayle; Dawnalyn Hewlett; Calvin W. Yates; Jon N. Yates; Bruce F. Quayle; Sharon Baeas Ahmed; Ralph Lawayne Bates; Phil Bates; Alfred Burdette Bates; Rita J. Harshman; Nancy Faye Jaszkowiak; Patricia J. Webb; Kreig Bell; Monty Bell; John Bell Syre; and all unknown owners and/or other persons or entities claiming any interest in geothermal resources in the following described real property: See File for Complete Description, Defendants-Respondents.

Supreme Court of Idaho, Idaho Falls, November 2012 Term.

December 20, 2012.

Attorney(s) appearing for the Case

Parsons, Smith, Stone, Loveland & Shirley, LLP, Burley, for appellant. Lance A. Loveland argued.

Marcus, Christian, Hardee & Davies, LLC, Boise, for respondent. Michael R. Christian argued.

J. JONES, Justice.

Ida-Therm, LLC, appeals a summary judgment in favor of Bedrock Geothermal, LLC, holding that a reservation of "all the oil, gas, and minerals, in, on, or under the surface of [deeded] lands," in a 1946 warranty deed included the geothermal resources underlying the property. We reverse.

I.

FACTUAL AND PROCEDURAL HISTORY

On March 19, 1946, Arthur J. Bell and his wife, Vinnie O. Bell, conveyed land in Bonneville County,...

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