STATE v. BAIR

No. 8816.

365 P.2d 216 (1961)

STATE of Idaho, on relation of Roscoe C. RICH, Leonard K. Floan, and Wallace C. Burns, Idaho Board of Highway Directors, Plaintiff-Respondent, v. La Mont L. BAIR and Lillian B. Bair, his wife, Defendants, and Dale Wood and Edith Mae Wood, his wife, Defendants-Appellants.

Supreme Court of Idaho.

October 6, 1961.


Attorney(s) appearing for the Case

Robert M. Kerr, Jr., Blackfoot, for appellants.

Frank Benson, Atty. Gen., on motion; Wm. R. Padgett, Chief Legal Counsel for Idaho Dept. of Highways, Anton Hohler, Andrew M. Harrington, Boise, for respondent.


McFADDEN, Justice.

Respondent, the State of Idaho, on relation of the Board of Highway Directors, filed its petition for rehearing after release of the initial opinion in this matter. The petition was granted, and the original opinion is withdrawn and this opinion substituted therefor.

The State of Idaho instituted this action to condemn a seventeen foot strip of land, and an adjoining five foot slope easement in Blackfoot, Idaho. Fixtures incident to a service...

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