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TELFORD LANDS LLC v. CAIN

No. 39466-2011.

303 P.3d 1237 (2013)

154 Idaho 981

TELFORD LANDS LLC, an Idaho Limited Liability Company; Mitchell D. Sorensen, an individual; and PU Ranch, a general partnership, Plaintiffs-Respondents, v. Donald William CAIN and Carolyn Ruth Cain, husband and wife, Defendants-Appellants.

Supreme Court of Idaho, Pocatello, May 2013 Term.

Rehearing Denied August 1, 2013.

Attorney(s) appearing for the Case

Gary D. Slette , Robertson & Slette, Twin Falls, argued for appellants.

Robert L. Harris , Holden Kidwell Hahn & Crapo, Idaho Falls, argued for respondents.

EISMANN, Justice.

This is an appeal out of Butte County from a judgment condemning an easement across the appellants' real property for an irrigation pipeline installed by the respondents so that they can save water by avoiding the conveyance losses that occurred while using the Moore Canal to transport their water. We affirm the judgment as to the right to condemn the easement, direct the court to modify the easement as to one party, and vacate the dismissal of appellants...

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