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MONACO v. BENNION

No. 11925.

585 P.2d 608 (1978)

99 Idaho 529

Clarence A. MONACO and Frances L. Monaco, husband and wife, Arnold E. Holman and Edda Holman, husband and wife, George J. Gerdo and Virginia Gerdo, husband and wife, Plaintiffs and Appellants, v. Irving H. BENNION, as Trustee of Trust A and Trust B of Bennion Benpoint, and Jane Doe Bennion, his wife, and Richard Bennion and Jane Doe Bennion, husband and wife, Defendants and Respondents.

Supreme Court of Idaho.

October 12, 1978.

Attorney(s) appearing for the Case

Paul D. McCabe, Coeur d'Alene, for plaintiffs and appellants.

Frank H. Powell, Coeur d'Alene, for defendants and respondents.

BISTLINE, Justice.

This controversy stems from the unusual manner in which an access road was depicted on the plat of a subdivision of lakeshore property at Windy Bay on Lake Coeur d'Alene. In 1962, defendants Bennions, the original owners of the property, caused the plat to be made, dedicated and recorded under the name "Second Addition to Benpoint." The filed plat shows what to the casual observer would appear to be a "platted" roadway. No other roadway of any kind...

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