Idaho Supreme Court June 29, 1995, No. 21206 (West v. Bowen)

JOHNSON, Justice.

This is an easement ease. We conclude that an easement for non-exclusive use of an airport exists because (1) an escrow agreement containing the easement was recorded prior to a deed describing property which the easement restricts, and (2) the doctrine of merger is inapplicable under the facts of this case.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS.