INDEPENDENT SCHOOL DISTRICT v. C. B. LAUCH CONST. CO.

No. 8180.

278 P.2d 792 (1955)

INDEPENDENT SCHOOL DISTRICT OF BOISE CITY, a specially chartered school district in Ada County, Idaho, Plaintiff-Respondent, v. C. B. LAUCH CONSTRUCTION COMPANY, a corporation, State of Idaho, Eli Larson, Trustee, John W. Eagleson and Effa (sometimes known as Effie) H. Eagleson, husband and wife, John W. Eagleson, Trustee, Mutual Finance Company, a corporation, Defendants-Appellants, and Max Eiden and Jayne Eiden, husband and wife, N. L. Terteling and Angela B. Terteling, husband and wife, First Security Bank of Idaho, a national banking association, Ruth G. Meyers, a widow, Horace Meyers, William A. Koelsch and Frances W. Koelsch, husband and wife, Ted L. Miller and Vivian B. Miller, husband and wife, Frederick A. Costello and Mae Costello, husband and wife, Francis M. Pratt and Grace Pratt, husband and wife, The Prudential Insurance Company of America, a corporation, Van L. Smith and Alice W. Smith, husband and wife, and The Idaho First National Bank, a national banking association, Defendants.

Supreme Court of Idaho.

January 3, 1955.


Attorney(s) appearing for the Case

Anderson, Kaufman & Kiser, Boise, for appellants.

Maurice H. Greene, Boise, for respondent.


PORTER, Chief Justice.

On May 15, 1951, respondent instituted condemnation proceedings seeking to condemn certain lands belonging to appellants and others for public school purposes. Appellants answered denying the necessity for the condemnation and taking of their lands. Trial of the cause was had before the court sitting without a jury commencing October 17, 1951. The trial court found that the use for which it was sought to condemn the lands was a public use and...

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