Osterloh v. State

HUNTLEY, Justice.

The issue before us is whether respondents Fred and Carolyn Osterloh, plaintiffs in the action below, can quiet title to a small piece of property, part of which is being used by appellant State of Idaho’s Lava Hot Springs Foundation.1 The property is located adjacent to the Portneuf River, in the village of Lava Hot Springs, Bannock County. It was part of a larger parcel obtained from the U.S. Government by patent in 1904, by John Hall.

Hall’s property, which we will refer to as lot 2, was bordered on the north by the Portneuf River. On the other side of the river was lot 7,…