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STATE, BD. OF LAND COM'RS v. KASEBURG

No. 38917.

300 P.3d 1058 (2013)

Peter KASEBURG, Shelagh Kaseburg, Kaseburg Family Trust, Plaintiffs-Respondents. v. STATE of Idaho, BOARD OF LAND COMMISSIONERS, Department of Lands, Defendant-Appellant.

Supreme Court of Idaho, Boise, February 2013 Term.

May 2, 2013.

Attorney(s) appearing for the Case

Hon. Lawrence G. Wasden , Idaho Attorney General, Boise, for Appellants. Steven Schuster argued.

Finney, Finney & Finney, P.A., Sandpoint, attorneys for Respondents. John A. Finney argued.

W. JONES, Justice.

I. NATURE OF THE CASE

Peter Kaseburg1 is a littoral owner on Lake Pend Oreille who holds an encroachment permit for a series of decaying wooden pilings that were driven into the lakebed in the 1930s. With the exception of a single piling that a neighboring marina uses to anchor one of its docks, the pilings have never had any known navigational purpose. Kaseburg applied...

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