Andrus v. Nicholson

EISMANN, Chief Justice.

This is an appeal of an order dismissing the action on the ground of res judicata. We affirm the district court and award attorney fees on appeal to the Nicholsons.

I.FACTS AND PROCEDURAL HISTORY

Larry and Linda Andrus own mining claims located on public land in Owyhee County. To access their claims, they have used a road that crosses land owned by Scott and Sherri Nicholson and then land owned by Elmer and Joyce Stahle. In 2002 the Nicholsons denied the Andruses permission to use that part of the road that crossed the Nicholsons’ property. On October 27, 2003, the…