COOK v. VAN ORDEN

Docket No. 48687.

507 P.3d 119 (2022)

Roger COOK and Shelley Cook, husband and wife, Plaintiffs-Appellants, v. Jay VAN ORDEN and Shelli Van Orden, husband and wife; Dexter Van Orden, an individual; Lavar Grover and Jeanette Grover, husband and wife; Defendants-Respondents, and Merrill Hanny and Bethea Hanny, husband and wife; Donald G. Allen and Kathy Allen, husband and wife; Barry Cox and Linda Cox, husband and wife, and Does I-V, Defendants. Lavar Grover and Jeanette Grover, husband and wife, Counterclaimants-Cross Claimants-Respondents, v. Roger Cook and Shelley Cook, husband and wife, Counterdefendants-Appellants, and Jay Van Orden and Shelli Van Orden, husband and wife; Dexter Van Orden, an individual, Cross Defendants-Respondents, and Merrill Hanny and Bethea Hanny, husband and wife; Donald G. Allen and Kathy Allen, husband and wife; Barry Cox and Linda Cox, husband and wife, Cross Defendants.

Supreme Court of Idaho, Boise, January 2022 Term.

Opinion filed: March 24, 2022.


Attorney(s) appearing for the Case

Parsons Behle & Latimer, Idaho Falls for Appellants Roger and Shelley Cook. Jon Stenquist argued.

Cooper & Larsen, Pocatello, for Respondents Dexter C. Van Orden, Jay C. Van Orden and Shelli Van Orden. J.D. Oborn argued.


This appeal concerns whether a prescriptive easement exists on a road accessing property owned by Shelley and Roger Cook near the Bingham and Bonneville County line. The Cooks' property was originally owned by Shelley's grandfather, John Harker, and has stayed in the Harker family ever since. The Harker family (including the Cooks...

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