COOK v. VAN ORDEN

Docket No. 50143.

537 P.3d 1230 (2023)

Roger COOK and Shelley Cook, husband and wife, Plaintiffs-Respondents, v. Jay VAN ORDEN and Shelli Van Orden, husband and wife; Dexter Van Orden, an individual, Defendants-Appellants, and Lavar Grover and Jeanette Grover, husband and wife; Merrill Hanny and Bethea Hanny, husband and wife; Donald G. Allen and Kathy Allen, husband and wife; Barry Cox and Linda Cox, husband and wife, and Does I-V, Defendants. Lavar Grover and Jeanette Grover, husband and wife, Counterclaimants-Cross Claimants, v. Roger Cook and Shelley Cook, husband and wife, Counterdefendants-Respondents, and Jay Van Orden and Shelli Van Orden, husband and wife; Dexter Van Orden, an individual, Cross Defendants-Appellants, and Merrill Hanny and Bethea Hanny, husband and wife; Donald G. Allen and Kathy Allen, husband and wife; Barry Cox and Linda Cox, husband and wife, Cross Defendants.

Supreme Court of Idaho, Pocatello, August 2023 Term.

Opinion Filed: October 26, 2023.


Attorney(s) appearing for the Case

Cooper & Larsen, Pocatello, for Appellants. J. D. Oborn argued.

Parsons Behle & Latimer, Idaho Falls, for Respondents. Jon Stenquist argued.


This is the second appeal of this matter, which concerns the existence of a prescriptive easement and the presumption of permissive use. Shelley and Roger Cook own a parcel of land (the "Cook Property") located in Bingham County, Idaho. The Cook Property was originally owned by Shelley's grandfather, John Harker Sr., and has stayed...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases