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RUDDY-LAMARCA v. DALTON GARDENS IRR. DIST.

No. 39217.

291 P.3d 437 (2012)

Dianne RUDDY-LAMARCA, Plaintiff-Respondent, v. DALTON GARDENS IRRIGATION DISTRICT, Defendant-Appellant.

Supreme Court of Idaho, Moscow, September 2012 Term.

December 20, 2012.

Attorney(s) appearing for the Case

Malcolm Dymkoski, Coeur d'Alene, for appellant. Malcolm Dymkoski argued.

James, Vernon & Weeks, P.A., Coeur d'Alene, for respondent. Susan Weeks argued.

HORTON, Justice.

This is an appeal from a district court's order defining the width of an easement for an irrigation pipeline. Dalton Gardens Irrigation District (the District) owns the pipeline and intends to replace the existing four-inch pipe with a ten-inch pipe. A portion of the pipeline crosses Diane Ruddy-Lamarca's property. The parties agree that an easement of some kind exists in favor of the District. However, they...

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