East Lizard Butte Water Corp. v. Howell

SILAK, Judge.

This case involves a summary judgment in an adverse possession case. East Lizard Butte Water Corporation (ELBWC) operates a water system in a mobile home development in Canyon County. ELBWC brought a claim to quiet title to the lots on which the water wells are located, claiming title to the lots under a theory of adverse possession. The district court granted summary judgment to ELBWC on the basis that it had adversely possessed the well lots for more than five years. The defendants appeal from this decision, arguing that factual disputes exist regarding whether the possession…