Davis v. Peacock

TROUT, Chief Justice.

This case involves an appeal from an order for summary judgment granting Raymond and Marybel Davis (Davises) an easement across land owned by Arnold Peacock (Peacock). Peacock argues that the trial court incorrectly applied the law to this case and therefore summary judgment in favor of the Davises was improper. Because we believe that the law was correctly applied and that summary judgment was proper, we affirm.

I

FACTUAL AND PROCEDURAL BACKGROUND

The Davises are owners of real property situated in Kootenai County. Peacock owns property located to the north of the Davis…