Carney v. Heinson

TROUT, Chief Justice.

This is an appeal from an order by the district judge denying the appellants, Mert and Carol Carney (the Carneys), an injunction against the construction of a garage by the respondents, Darrin and Wendy Heinson (the Heinsons). The judge also denied the Carneys’ later request in their motion for reconsideration that the garage be moved.

I

FACTUAL AND PROCEDURAL BACKGROUND

In July, 1975, Robert and Phyllis Smuts (the Smuts) purchased Lots No. 13 and No. 1, Block 63 in American Falls, Idaho. In April of 1978, the Smuts requested that the City of American Falls’ planning and…