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Cooper v. Boise Church of Christ

Supreme Court of Idaho
524 P.2d 173 (Id. 1974)


In 1955, the Neelys contracted to sell a piece of property to the Adamses. Because the Adamses had not yet completed payments on the property, the deed conveying the property was placed in escrow. In 1957, the Adamses executed a document conveying an easement to the Boise Church of Christ (defendant). The agreement allowed the Church to erect a large neon sign on the property advertising the church in exchange for one dollar. The Adamses never completed payments for the property, and it passed through several owners until it was eventually conveyed to Betty Cooper (plaintiff). Cooper sued to compel the Church to remove the sign from the property. The trial court held that the Church had no interest in the property and could not maintain the sign without Cooper’s consent. The Church appealed, arguing that the Adamses had conveyed to it an easement, and, in the alternative, that it had acquired an easement by prescription or an irrevocable license by equitable estoppel.

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