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TOWER ASSET SUB INC. v. LAWRENCE

No. 32092.

152 P.3d 581 (2007)

TOWER ASSET SUB INC., a Delaware corporation, Plaintiff-Respondent, v. Douglas P. LAWRENCE and Brenda J. Lawrence, husband and wife, Defendants-Appellants.

Supreme Court of Idaho, Lewiston, August 2006 Term.

January 26, 2007.

Attorney(s) appearing for the Case

John P. Whelan, P.C., Coeur d'Alene, for appellants.

Owen, James, Vernon and Weeks, Coeur d'Alene, for respondent. Susan P. Weeks argued.

JONES, Justice.

Douglas and Brenda Lawrence appeal to this Court from a summary judgment order declaring the existence of a thirty foot wide express easement across their property in favor of Tower Asset Sub Inc. We vacate the summary judgment and remand to the district court for further proceedings.

I.

This is the second of two cases involving the same basic question—whether property owned by the Lawrences is subject to an express easement...

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