INDEPENDENT SCHOOL DIST. v. C. B. LAUCH CONSTR. CO.

No. 8414.

305 P.2d 1077 (1957)

INDEPENDENT SCHOOL DISTRICT OF BOISE CITY, a specially chartered school district In. Ada County, Idaho, Plaintiff-Appellant, 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, 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, Terry's Appliance Company, a corporation, 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-Respondents.

Supreme Court of Idaho.

January 10, 1957.


Attorney(s) appearing for the Case

Maurice H. Greene, Boise, for appellant.

Anderson, Kaufman & Anderson, Boise, for respondents.


TAYLOR, Justice.

Plaintiff (appellant) commenced this action and summons was issued and dated on May 15, 1951. The action was brought against a number of defendants to condemn several parcels of land for school purposes. After the usual proceedings on demurrers, the defendant (respondent) filed answer specifically denying the necessity for the taking. Thus it became a prerequisite condition to condemnation that plaintiff first establish that the taking was necessary...

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