Utter v. Gibbins

WALTERS, Justice.

This is an appeal from the district court’s partial grant of Clifford and Donna Utter’s motion for summary judgment in an action to quiet title to real property. The appellants Thomas and Ingrid Gibbins assert that the district court erred by quieting title in the Utters and by enjoining the Gibbinses from trespassing by diverting water onto the Utters’ property. We affirm the partial summary judgment.

FACTS AND PROCEDURAL BACKGROUND

Clifford Utter and Thomas Gibbins own adjoining lots in Boundary County, Idaho. Clark Creek passes through one of Utter’s parcels of land (Parcel…