Capstar Radio Operating Co. v. Lawrence

JONES, Justice.

Capstar Radio Operating Company filed suit to declare the existence of an easement over property owned by Douglas and Brenda Lawrence. The Lawrences appeal from the district court’s grant of summary judgment finding a twenty foot wide express easement across their property. We vacate the summary judgment and remand to the district court for further proceedings.

I

The Lawrences and Capstar own parcels of property on Blossom Mountain south of Post Falls. The “Lawrence parcel” is located in the southeast quarter of section 21 and the “Capstar parcel” is located to the east in the…