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Abbott v. Nampa School District

808 P.2d 1289 (1991)

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Abbott v. Nampa School District

Idaho Supreme Court

808 P.2d 1289 (1991)

Facts

Nampa-Meridian Irrigation District held an irrigation ditch easement through two parcels of land, one owned by Dan and Joanne Abbott (plaintiffs), and an adjoining parcel owned by the Nampa School District (defendant). As part of its plan to construct a new school building on its property, the school district obtained a license from the irrigation district to transfer the irrigation line into an underground pipe, removing the ditch. Under the license agreement, the school district also planned to construct a concrete inlet and erect a safety screen, and would take on the project at its own expense. The proposal was to make such alterations to the irrigation ditch where it ran through both the school district’s and the Abbotts’ properties. The school district moved forward with the planned construction on the Abbotts’ property without obtaining the Abbotts’ permission. The Abbotts filed suit to stop construction, contending that the irrigation district was not permitted to grant a license to the school district to make the alterations on the Abbotts’ property, and that the burden of the easement initially granted to the irrigation district was improperly enlarged to the detriment of the Abbott’s property. The district court found in the school district’s favor, concluding that the planned modifications were within the bounds of the irrigation district’s easement, and so did not constitute an unreasonable increase in the burden of the easement on the Abbotts’ land. The Abbotts appealed.

Rule of Law

Issue

Holding and Reasoning (Boyle, J.)

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