TOWER ASSET SUB INC. v. Lawrence

AMENDED OPINION, THE COURT’S PRIOR OPINION DATED JULY 26, 2010 IS HEREBY WITHDRAWN

HORTON, Justice.

This case involves the question whether Mark and Robert Hall (the Halls) hold an easement over the land of Douglas and Brenda Lawrence (the Lawrences). Spectra Site Communications, LLC (Spectra Site) leases the Halls’ property and seek to enforce the claimed easement. This is a companion case to Capstar Radio Operating Co. v. Lawrence, 149 Idaho 623, 238 P.3d 223.

The Lawrences appeal from the district court’s memorandum decision and order granting Spectra Site’s motion for summary judgment.…