JOHNSON v. HIGHWAY 101 INVESTMENTS, LLC

No. 39160.

319 P.3d 485 (2014)

Kenton D. JOHNSON, a married man dealing with his sole and separate property; Nephi H. Allen, a married man dealing with his sole and separate property; and Rexburg Plumbing & Heating LLC, an Idaho limited liability company, Plaintiffs-Counterdefendants-Appellants, v. HIGHWAY 101 INVESTMENTS, LLC, Defendant-Counterclaimant-Respondent.

Supreme Court of Idaho, Boise, June 2013 Term.

Rehearing Denied March 10, 2014.


Attorney(s) appearing for the Case

Rigby, Andrus & Rigby, Chtd., Rexburg, for appellants. Hyrum D. Erickson argued.

Smith, Driscoll & Associates, PLLC, Idaho Falls, for respondent. Bryan D. Smith argued.


HORTON, Justice.

The dominant owners of an easement appeal from an adverse grant of summary judgment dismissing all of their claims, which were premised on the servient owner's construction of a permanent sign within the easement. The sign effectively reduced the width of the easement from twenty-five feet to nineteen feet at one point along its length. On appeal, the dominant owners argue that the district court erred in granting the servient owner's motion for summary...

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