Benninger v. Derifield, 142 Idaho 486

Summary

The Idaho Supreme Court held that the trial court's findings established a prescriptive driveway easement in favor of the Benningers, although the record did not establish an express easement. The court vacated the determination of an express easement and remanded for definition of the prescriptive easement's scope. It affirmed the denial of monetary damages for nuisance and awarded costs without attorney fees.

Holdings

1. The record was insufficient to establish an express easement, so the district court's express-easement determination was vacated.
2. The district court's factual findings established that the Benningers acquired a prescriptive easement over the driveway.
3. The scope of the prescriptive easement required determination by the district court on remand.
4. The placement of vehicles and other items obstructing the driveway constituted a nuisance, and injunctive relief against future obstruction was proper.
5. The Benningers were not entitled to monetary damages for the nuisance.

Questions Presented

1. Whether the district court properly determined that the Benningers held an express driveway easement over Derifield's property.
2. Whether the district court's factual findings established a prescriptive easement despite the absence of a sufficient express-easement determination.
3. Whether the scope of the prescriptive easement could be determined on the existing record.
4. Whether Derifield's obstruction and interference with the driveway constituted a nuisance supporting injunctive relief.
5. Whether the Benningers were entitled to monetary damages for the nuisance.

Disposition

reversed_and_remanded