Peterson v. Gentillon, 296 P.3d 390 (Ida. Sup. Ct. 2013)

(partnership sought specific performance of agreement to exchange parcels pursuant to survey to ensure adequate room for center-pivot irrigation; deeds not transferred and property sold to third party; third party brought suit to quiet title in disputed parcel; trial court held statute of limitations had run against partnership's claim and ruled in favor of third party; appellate court held that because partnership was in possession of property, five-year statute of limitations does not bar lawsuit for specific performance; appellate court also held that 50 foot strip of property was held in trust for partnership and belonged to partnership; court also held it was error for trial court to determine third party easement was 30 feet when evidence insufficient to determine, so that issue was remanded; court also overturned injunction on partnership from spraying ingress and egress road with water from its center pivot because evidence showed water did not materially impede third party from using road; court declined attorney fee award for either party).