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OWEN v. SMITH

Docket No. 47304.

485 P.3d 129 (2021)

Carl E. OWEN and Anita R. Owen, Husband and Wife, Plaintiffs-Counterdefendants-Appellants, v. Derik L. SMITH and Jessica R. Smith, Husband and Wife, Defendants-Counterclaimants-Respondents.

Supreme Court of Idaho, Boise, September 2020 Term.

Opinion Filed: April 14, 2021.

Attorney(s) appearing for the Case

Carl E. Owen, Rupert, pro se for Appellant.

Donald J. Chisholm , Burley, attorney for Respondent.

SUBSTITUTE OPINION.

THE COURT'S PRIOR OPINION DATED NOVEMBER 16, 2020 IS HEREBY WITHDRAWN.

I. NATURE OF THE CASE

This appeal arises from a boundary dispute between Carl and Anita Owen ("Owens") and Derik and Jessica Smith ("Smiths"). In 2018, the Smiths bought property next to the Owens'. The Smiths...

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