BYBEE v. CLARK

No. 18037.

796 P.2d 131 (1990)

118 Idaho 254

Andrew R. BYBEE and Patsy Bybee, husband and wife, Plaintiffs/Appellants, v. Wade CLARK and Pamela Clark, husband and wife, Defendants, and Intermountain Farmers Association, a Utah Corporation, Defendant/Respondent.

Supreme Court of Idaho.

August 22, 1990.


Attorney(s) appearing for the Case

Whittier, McDougall, Souza, Murray & Clark, Pocatello, for plaintiffs/appellants. Monte R. Whittier, argued.

Johnson, Olson & Bacon, Pocatello, for defendant/respondent Intermountain Farmers Ass'n. Charles L. Johnson, III, argued.


HERNDON, Justice Pro Tem.

This appeal arises from the application of a stipulation and judgment resolving a boundary line dispute.

Plaintiffs/appellants Andrew R. Bybee and Patsy Bybee (Bybee) appeal the summary judgment awarded to defendant/respondent Intermountain Farmers Association (IFA).

Bybee argues that issues of material fact still exist because the stipulation and judgment require IFA to maintain a "legal fence" around its property.

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