Bahr v. Imus

Justice LEE,

opinion of the Court:

T1 Rob and Sherri Bahr and Ione Senn (the "Bahrs") filed this suit to challenge the location of the boundary between their residential property and that of their neighbors, Jim and Melodee Imus. The district court entered summary judgment in favor of the Imuses, concluding that the Bahrs were precluded from challenging the boundary established by a fence on the property under the doctrine of boundary by estoppel. The court of appeals affirmed.

12 We agree that the Imuses are entitled to summary judgment, but base our decision on a ground (boundary by agreement)…