Bybee v. Clark

HERNDON, Justice Pro Tern.

This appeal arises from the application of a stipulation and judgment resolving a boundary line dispute.

Plaintiffs/appellants Andrew R. Bybee and Patsy Bybee (Bybee) appeal the summary judgment awarded to defendant/respondent Intermountain Farmers Association (IFA).

Bybee argues that issues of material fact still exist because the stipulation and judgment require IFA to maintain a “legal fence” around its property.

IFA counters that the stipulation and judgment apply only to the boundary dispute and it has no duty to prevent the trespass of Bybee’s cattle.

The district…