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SOMMER v. MISTY VALLEY, LLC

DOCKET No. 48007.

511 P.3d 833 (2021)

Jared SOMMER and Katherine Sommer, husband and wife, Plaintiffs-Respondents-Cross Appellants, v. MISTY VALLEY, LLC, an Idaho limited liability company, Defendant-Appellant-Cross Respondent.

Supreme Court of Idaho, Twin Falls, Sept. 2021 Term.

Opinion Filed: December 21, 2021.

Attorney(s) appearing for the Case

Hawley, Troxell, Ennis & Hawley, Pocatello, for Appellant/Cross-Respondent/Defendant. John A. Bailey, Jr. , argued.

Manwaring Law Office, Idaho Falls, for Respondents/Cross-Appellants/Plaintiffs. Kipp L. Manwaring argued.

This appeal involves a dispute over the scope of an express easement. Jared and Katherine Sommer brought a declaratory judgment claim against Misty Valley, LLC, after receiving written notice that the real estate developer planned to use an express easement across the Sommers' land for access to a recently platted residential subdivision...

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