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HOOD v. POORMAN

Docket No. 48636.

519 P.3d 769 (2022)

Keith HOOD and Karen Hood, husband and wife, Plaintiffs-Appellants, v. Paul POORMAN and Gayle Poorman, husband and wife; and Rusty Anderson, an individual, Defendants-Respondents.

Supreme Court of Idaho, Boise, May 2022 Term.

Opinion Filed: October 27, 2022.

Attorney(s) appearing for the Case

Parson Behle & Latimer, Boise, for Appellants. Norman M. Semanko argued.

Givens Pursley, LLP, Boise, and Bokides Law Office, Weiser, for Respondents. Michael P. Lawrence argued.

This case concerns a district court's decision defining the scope of a ditch right-of-way under Idaho Code section 42-1102 and enjoining the ditch users from certain activities within the right-of-way. For the reasons stated below, we affirm in part, reverse in part, and remand.

I. FACTUAL AND PROCEDURAL BACKGROUND

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