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ROSS v. DORSEY

No. 39152.

303 P.3d 195 (2013)

Alan G. ROSS, a single man; Larry R. Brown, a married man as to his sole and separate property; Michael R. Brown and Nancy B. Murphy, husband and wife, Plaintiffs-Respondents, v. Tommy A. DORSEY and Erin T. Dorsey, husband and wife, Defendants-Appellants, and The Estates of F.M. Harker and Gladys L. Harker; Bank of the Cascades, dba Farmers & Merchants Bank, an Oregon corporation doing business in the State of Idaho; Banner Bank, a Washington corporation doing business in the State of Idaho; and any and all other claimants in and to that common beach area being approximately 20 feet wide and 132.87 feet long and consisting of all that property lying between the shore of Priest Lake and the West boundary of Lot 1 Steamboat Bay Lots according to the Plat thereof as recorded on February 21, 1966, in the records of Bonner County, Idaho, Book 2 of Plats, Page 125, located in Government Lot 5, Section 27, Township 60 North, Range 4 West, Boise Meridian, Bonner County, Idaho, Defendants.

Supreme Court of Idaho, Boise, June 2013 Term.

June 20, 2013.

Attorney(s) appearing for the Case

Finney Finney & Finney, PA, Sandpoint, for appellants. John A. Finney argued.

Featherston Law Firm, Chtd., Sandpoint, for respondents. Brent C. Featherston argued.

J. JONES, Justice.

This is a dispute over a strip of beachfront property adjacent to a Bonner County subdivision. The appellants, Tommy and Erin Dorsey, contend that the beachfront property was conveyed to them when they bought Lot 1, which is adjacent to the beach. The Respondents, who own the other lots in the subdivision, contend that the beachfront property was dedicated to the use and benefit of all eight lots in the subdivision. The district court agreed with...

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