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BERGLUND v. DIX

Docket No. 48276.

511 P.3d 260 (2022)

Craig Marshall BERGLUND and Kristi Anne Berglund, husband and wife; Mary Kaye Brown, an individual, Plaintiffs-Respondents, and Scott Cheser and Dawn Cheser, Real Parties in Interest-Respondents, v. Brian DIX, Defendant-appellant, and Does I through X, Defendants.

Supreme Court of Idaho, Boise, November 2021 Term.

Opinion filed: June 6, 2022.

Attorney(s) appearing for the Case

Mooney Wieland, PLLC, Boise, for Appellant. Carl Withroe argued.

Borton-Lakey Law and Policy, Meridian, for Respondents. Victor Villegas argued.

This appeal arises from a dispute between neighbors over a locked gate placed across a road subject to easement rights. Respondents Craig and Kristi Berglund and Mary Kaye Brown, then owners of the dominant estates, sued Brian Dix, who placed the gate on his property, the servient estate. The district court granted the Respondents...

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