Lawwly

Christensen v. City of Pocatello

Supreme Court of Idaho

292 P.3d 264 (Idaho 2012)

Relevant factsFree

A private roadway and utility easement was created solely to give the owner of a parcel called Sewer Lagoon access across an adjoining property; the City of Pocatello (defendant), which later acquired both Sewer Lagoon and the easement, sought to connect that easement and an adjacent unopened public road to its citywide bike path and greenway system, effectively turning the private access easement into a public through-route. Neighboring landowners the Christensens and Fairchilds (plaintiffs) sued to enjoin this plan, arguing it exceeded the easement's intended scope; the lower court ruled for the city, and the Christensens appealed.

IssueFree

Whether a private easement created to provide access to a specific dominant parcel may be used to benefit other properties beyond that dominant estate, such as by connecting it into a broader public thoroughfare.

Unlock the full brief

Free accounts read 20 full briefs. No card required.

Related cases