Neeser v. Inland Empire Paper Company

Summary

The Idaho Supreme Court reviewed a summary judgment establishing a prescriptive easement over a road owned by Inland Empire Paper Company. The court held that the district court abused its discretion by admitting portions of the plaintiff’s declaration lacking personal knowledge and foundation, and that genuine issues of material fact remained regarding whether the plaintiff’s use was adverse and distinct from public use. The summary judgment was vacated and the case remanded; costs were awarded to Inland Empire Paper Company.

Holdings

1. The district court abused its discretion by admitting portions of Neeser's declaration asserting that tradesmen and guests used the M1 Road because the statements lacked foundation, were not based on Neeser's personal knowledge, and encompassed hearsay.
2. Neeser was not entitled to summary judgment establishing a prescriptive easement because, after excluding inadmissible declaration testimony, he failed to show that no genuine issue of material fact existed regarding whether his use was adverse and distinct from use by the general public.
3. Neeser was not entitled to attorney fees on appeal because he did not prevail.

Questions Presented

1. Whether the district court abused its discretion by considering portions of Neeser's declaration concerning use of the M1 Road by tradesmen and guests when those statements lacked foundation and were hearsay.
2. Whether Neeser was entitled to summary judgment establishing a prescriptive easement over the M1 Road when admissible evidence did not eliminate genuine disputes of material fact concerning adverse use and use in common with the general public.
3. Whether Neeser was entitled to attorney fees on appeal.

Disposition

vacated