REGAN v. OWEN

Docket No. 43848.

413 P.3d 759 (2018)

Brent REGAN and Moura Regan, husband and wife, Plaintiffs-Appellants, v. Jeff D. OWEN and Karen A. Owen, husband and wife, Defendants-Respondents.

Supreme Court of Idaho, Boise, December 2017 Term.

Filed: March 5, 2018.


Attorney(s) appearing for the Case

Macomber Law, PLLC, Coeur d'Alene, for appellants. Arthur B. Macomber argued.

James, Vernon & Weeks, PA, Coeur d'Alene, for respondents. Susan P. Weeks argued.


This case addresses whether the issuance of a tax deed extinguishes a prescriptive easement across a parcel of land by operation of former Idaho Code section 63-1009. The Owens purchased a small parcel of land ("the Orphan Parcel") from Kootenai County after a tax sale. A dispute arose as...

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