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FITZPATRICK TRUSTEES v. KENT TRUSTEES

Docket No. 46797.

458 P.3d 943 (2020)

Dennis B. FITZPATRICK and Tracy L. Fitzpatrick, TRUSTEES OF the FITZPATRICK REVOCABLE TRUST, a Revocable Living Trust, Plaintiffs-Counterdefendants-Appellants-Cross Respondents, v. Alan KENT and Sherry Kent, TRUSTEES OF the ALAN & SHERRY KENT LIVING TRUST DATED 11/07/2003, a Revocable Living Trust; Alan and Sherry Kent, Husband and Wife, Defendants-Counterclaimants-Respondents-Cross Appellants, and John and Jane Does 1-10, Defendants.

Supreme Court of Idaho, Boise, December 2019 Term.

Opinion Filed: February 21, 2020.

Attorney(s) appearing for the Case

Pickens Law, P.A., Boise, for appellants. Terri Pickens Manweiler argued.

Varin Wardwell, LLC, Boise, for respondents. Dylan Lawrence argued.

This appeal arises from a dispute between neighbors over the validity of an easement. In 1997, the Fitzpatricks bought two adjacent lots. In 2016, while they still owned both lots, they recorded an easement that granted the owners of the first lot (themselves) the right to maintain, repair, and improve a portion of the second lot...

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