268 P.3d 1184
Idaho2012Background
- In 1952, Boyd property had a paved driveway ending at North 21st Street with an easement for Mattison to access the street.
- The Mattisons’ easement ran across Boyd land granting ingress/egress and shared maintenance; if the land ceased to be used as a driveway, the easement reverts.
- In 1993, Campbell acquired the Mattison property; driveway connections formed a path from Campbell to Boyd portions and a graveled area used for parking.
- In 2006, Schwartz purchased the Boyd property, remodeled the driveway, and reconfigured access to a new garage.
- In 2008, Manning purchased the property seeking to relocate or reduce the easement; Campbell refused, leading to declaratory relief and relocation/width challenges under Idaho law.
- The district court held the easement was real property and not a revocable license; on appeal the court affirmed, denying relocation and width reduction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 55-313 allows relocation of the easement | Manning argues 55-313 permits relocation if not injurious | Campbell contends relocation would injure Campbells and is not permitted | Relocation not permitted under 55-313 |
| Whether the proposed relocations would injure the Campbell property | Relocation could be to a practical new path without injuring Campbell | Any relocation would require a new driveway across Campbell lawn causing injury | Relocations would injure Campbells; not allowed |
| Whether the width of the easement can be reduced from 12.3 feet to 9 feet | If location/width not specified, court should determine width; could shrink | Width is fixed by construction; cannot be reduced absent explicit grant | Width cannot be reduced; location/width fixed by initial construction |
| Attorney fees on appeal | Mannings seek fees under 12-121 | Campbells seek fees under 12-121; entire appeal not frivolous | No award of attorney fees; costs awarded to Campbell |
Key Cases Cited
- Statewide Construction, Inc. v. Pietri, 150 Idaho 423 (Idaho 2011) (injury scope under 55-313 defined by access impairment)
- Coulsen v. Aberdeen-Springfield Canal Co., 47 Idaho 619 (Idaho 1929) (practical construction fixes location and width of an indefinite grant)