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HUGHES v. STATE

No. 8490.

328 P.2d 397 (1958)

Ernest V. HUGHES and Carmen Hughes, husband and wife, Plaintiffs-Appellants, v. The STATE of Idaho, a commonwealth, acting by and through the Idaho Board of Highway Directors, and the City of St. Maries, a municipal corporation, Defendants-Respondents.

Supreme Court of Idaho.

July 28, 1958.

Attorney(s) appearing for the Case

Elder, Elder, Cox & Mitchell, Coeur d'Alene, for appellant.

Graydon W. Smith, Atty. Gen., Wm. R. Padgett, Asst. Atty. Gen., Carl M. Buell, St. Maries, for respondent.

SMITH, Justice.

Appellants ever since 1926 have been and were at the time of the commencement of this action the owners of Lots 5 and 6 in Block 3 of the original townsite of St. Maries, in Benewah County, used for business purposes.

Appellants commenced this action November 4, 1954, after the Board of Examiners of the State of Idaho had denied their claim for compensation predicated upon respondents' physical invasion of their property and destruction of...

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