Thomas v. Madsen

EISMANN, Justice.

This is an appeal from a judgment affirming an implied easement by prior use and awarding attorney fees under Idaho Code § 12-121. We uphold the finding of an easement and reverse the award of attorney fees.

I.FACTS AND PROCEDURAL HISTORY

On May 5,1970, defendant Dale J. Thomas (Thomas) and his wife purchased a 50-acre parcel of property from Dale’s father. The property had been in his family since 1878. It is almost-square in shape and is bounded on its southern side by a public highway. There is also a canal that runs diagonally across the property from the southwest to the…