SANKEY v. IVEY

Docket No. 49592.

535 P.3d 198 (2023)

Tammy M. SANKEY and Thomas A. Sankey, husband and wife, Plaintiffs-Appellants, v. Josh IVEY, Hometown Property Management, LLC; Nicole Perry, Midtown Trailer Park, and Antelope Loop, LLC, Defendants-Respondents.

Supreme Court of Idaho, Boise, April 2023 Term.

Opinion Filed: August 30, 2023.


Attorney(s) appearing for the Case

Kirkpatrick & Startzel, P.S., Spokane, Washington, for Appellants. Luke W. O'Bannan submitted argument on the briefs.

Ramsden, Marfice, Ealy & De Smet, LLP, Coeur d'Alene, for Respondents Nicole Perry and Midtown Trailer Park. Marcus E. Johnson submitted argument on the briefs.

Hawley Troxell Ennis & Hawley, LLP, Boise, for Respondents Josh Ivey, Hometown Property Management, LLC and Antelope Loop, LLC. David W. Knotts submitted argument on the briefs.


This appeal addresses the business records exception to the hearsay rule and the admissibility of non-owner testimony concerning the location of a real property boundary line. It also addresses whether, pursuant to Idaho Code section 6-320(a)(3) (action for damages and specific performance by tenant), a subtenant can maintain an...

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