MABE v. STATE

No. 8881.

360 P.2d 799 (1961)

Orville O. MABE and Edna Mabe, husband and wife, Plaintiffs-Appellants, v. STATE of Idaho, on relation of Roscoe C. RICH, Leonard K. Moan, and Wallace C. Burns, the Board of Highway Directors, Defendant-Respondent.

Supreme Court of Idaho.

March 31, 1961.


Attorney(s) appearing for the Case

Clemons, Skiles & Green, Jeppesen & Jeppesen, Boise, for appellants.

Wm. R. Padgett, Legal Counsel, Board of Highway Directors, Boise, for respondents.

Frank L. Benson, Atty. Gen., appeared as attorney for State of Idaho, but did not participate in argument or brief.


McFADDEN, Justice.

Appellants by this action seek damages for impairment to and taking of highway access to their real property, being purchased under an agreement of sale. Respondents' motion for summary judgment was granted and judgment entered dismissing the action with prejudice.

Appellants assign as error the court's action in granting the motion and entering summary judgment; they claim that the amended complaint and affidavit of appellant Orville O...

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