Bubak v. Evans

WESTON, Judge Pro Tern.

In this case, we affirm an award of damages for trespass and awards of attorney fees under the trespass statute, I.C. § 6-202. The action arose out of the Evanses’ claim to a prescriptive easement on a road located on the Bubaks’ property. In their complaint, the Bubaks requested damages for trespass and a permanent injunction against further trespass by the Evans-es. After a three-day trial, a magistrate held against the Evanses in a decision filed on December 29, 1986. The magistrate entered judgment quieting the Bubaks’ title and enjoining the Evanses from further…