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MORGAN v. NEW SWEDEN IRR. DIST.

No. 39624.

322 P.3d 980 (2014)

Bradley K. MORGAN, Plaintiff-Appellant, v. NEW SWEDEN IRRIGATION DISTRICT, Defendant-Respondent.

Supreme Court of Idaho, Boise, December 2013 Term.

Rehearing Denied May 2, 2014.

Attorney(s) appearing for the Case

M. Brent Morgan , Chtd., Pocatello, for appellant. M. Brent Morgan argued.

Hall Angell Starnes, LLP, Idaho Falls, for respondent. Blake G. Hall argued.

BURDICK, Chief Justice.

This case arose after New Sweden Irrigation District ("New Sweden") mowed the canal banks on Bradley Morgan's property. Morgan claimed New Sweden negligently damaged his property. New Sweden counterclaimed for a declaratory judgment as to its easement's existence and scope, and then moved for summary judgment. The Bonneville County district court granted partial summary judgment, holding that New Sweden's easement was sixteen feet wide and...

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