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BURNS v. ALDERMAN

No. 19164.

838 P.2d 878 (1992)

122 Idaho 749

O'Neal L. BURNS and Isabelle Burns, husband and wife, Plaintiffs-Appellants, v. Donald ALDERMAN, Sr., Mrs. Donald Alderman, Sr., and Donald Alderman, Jr., Mrs. Donald Alderman, Jr., Defendants-Respondents.

Court of Appeals of Idaho.

October 2, 1992.

Attorney(s) appearing for the Case

Craig R. Wise, Coeur d'Alene, argued for appellants.

Jenkins and Leggett, Coeur d'Alene, for respondents. Ida R. Leggett argued.

WALTERS, Chief Judge.

This case arises from a dispute over the rights of Peggy and Donald Alderman, Jr., (the Aldermans) to use a private roadway running through a real estate subdivision. The Aldermans own a lot in the subdivision, but use the roadway to access another parcel located adjacent to, but outside of, the subdivision. O'Neal and Isabelle Burns, who also own property within the subdivision, filed this action seeking to enjoin the Aldermans from using the...

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