May 16, 2016.
The Idaho Department of Lands has issued a preliminary order approving an encroachment permit for a client who installed rip rap and a boat ramp adjacent to Bear Lake, Idaho.
The application was aggressively opposed by a neighboring landowner. However, after a two day trial, the Department of Lands approved the application in full.
Lead attorney T.J. Budge said of the decision, “The Department of Lands issued a well-reasoned decision that was not only legally correct, but also just and fair. It was a complete win.”
Remarkably, this is the second win for this client against the same neighbor. Attorney Scott Smith represented the client in a prior case involving an easement, winning at both the District Court and before the Idaho Supreme Court.