STATE v. FONBURG

No. 8592.

328 P.2d 60 (1958)

The STATE of Idaho, on relation of Roscoe C. RICH, Leonard K. Floan and David P. Jones, Idaho Board of Highway Directors, Plaintiff-Respondent, v. AI FONBURG, a widower, Walter Fonburg and Betty Doris Tiede, a minor, Defendants-Appellants.

Supreme Court of Idaho.

July 17, 1958.


Attorney(s) appearing for the Case

Cox, Ware, Stellmon & O'Connell, Lewiston, for appellants.

Graydon W. Smith, Atty. Gen., Wm. R. Padgett, Asst. Atty. Gen., for respondents.


KEETON, Chief Justice.

This is an eminent domain proceeding brought by the State and its Board of Highway Directors, to condemn in fee simple absolute, 12.76 acres of defendant's farm, for highway purposes. The complaint also prays that defendant's access to said road from the land which the proposed highway crosses, be prohibited and restrained.

There is now in existence U. S. Highway No. 95, running to and from Culdesac, Winchester and other points, and...

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