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GREENBRIAR ESTATES HOMEOWNERS' v. ESPOSITO

Docket No. 48922.

526 P.3d 1032 (2023)

GREENBRIAR ESTATES HOMEOWNERS' ASSOCIATION, INC., an Idaho nonprofit corporation, Plaintiff-Counterdefendant-Respondent-Cross Appellant, v. John ESPOSITO, an individual, Defendant-Counterclaimant-Appellant-Cross Respondent, and D.L. Evans Bank, an Idaho corporation, Defendant.

Supreme Court of Idaho, Boise, November 2022 Term.

Opinion Filed: March 22, 2023.

Attorney(s) appearing for the Case

Strother Law Office, Boise, for appellant/cross respondent, John Esposito. Jeffrey A. Strother argued.

Borton-Lakey Law & Policy, Meridian, for respondent/cross appellant, Greenbriar Estates Homeowners' Association, Inc. Victor S. Villegas argued.

This appeal concerns the existence of an easement across a lot ("Lot 20") in the Greenbriar Estates subdivision. In 2004, John Esposito acquired two adjacent parcels of land in Canyon County, Idaho. The eastern parcel was eventually developed into the Greenbriar Estates subdivision. The western parcel was severed and divided into...

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