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AIZPITARTE v. MINEAR

Docket No. 48773.

508 P.3d 1260 (2022)

Miguel AIZPITARTE and Janice Aizpitarte, husband and wife, Plaintiffs-Respondents, v. Michael MINEAR and Laura Minear, husband and wife, Defendants-Appellants.

Supreme Court of Idaho, Boise, February 2022 Term.

Filed: May 3, 2022.

Attorney(s) appearing for the Case

Eberle, Berlin, Kading, Turnbow & McKlveen, Chartered, Boise, attorneys for Appellants. Eric Taylor argued.

Fisher, Hudson, Shallat, Boise, attorney for Respondents. Christopher Brown argued.

This appeal stems from a dispute between neighbors about whether an easement has been established by prior existing use for an access driveway. Miguel and Janice Aizpitarte sued Michael and Laura Minear to quiet title and sought a declaratory judgment to recognize their right to an implied easement by prior use.

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