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CAPSTAR RADIO OPERATING CO. v. LAWRENCE

No. 38300.

283 P.3d 728 (2012)

CAPSTAR RADIO OPERATING COMPANY, a Delaware corporation, Plaintiff-Respondent, v. Douglas P. LAWRENCE and Brenda J. Lawrence, husband and wife, Defendants-Appellants.

Supreme Court of Idaho, Coeur d'Alene, April 2012 Term.

Rehearing Denied August 8, 2012.

Attorney(s) appearing for the Case

Douglas Lawrence and Brenda Lawrence, Coeur d'Alene, appellants pro se.

James, Vernon & Weeks, Coeur d'Alene, for respondents. Susan P. Weeks argued.

W. JONES, Justice.

I. NATURE OF THE CASE

This appeal involves a dispute over whether Capstar Radio Operating Company, ("Capstar"), holds an easement over the property of Douglas and Brenda Lawrence. Capstar filed a Motion for Summary Judgment, alleging in the alternative, that an easement existed based on the theory of either an easement by implication, an easement by necessity, or a prescriptive easement. The district court filed its Order granting summary...

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