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STATE v. HALVERSON

No. 9225.

384 P.2d 480 (1963)

The STATE of Idaho ex rel. Roscoe C. RICH, Ernest F. Gaffney and Wallace C. Burns, Idaho Board of Highway Directors, Plaintiffs-Appellants and Cross-Respondents, v. Milo HALVERSON and Ruth Halverson, his wife, Defendants-Respondents and Cross-Appellants.

Supreme Court of Idaho.

August 15, 1963.

Attorney(s) appearing for the Case

Faber F. Tway, Chief Legal Counsel, Dept. of Highways, State of Idaho, Andrew M. Harrington, Boise, for appellants.

Stephen Bistline, Sandpoint, Thomas A. Mitchell, Coeur d'Alene, for respondents.

McQUADE, Justice.

This is an eminent domain proceeding brought by the State to condemn a tract of .23 acres owned by the respondents, Milo Halverson and Ruth Halverson, for highway purposes. This tract, herein sometimes referred to as the triangle tract, is located at the junction of U. S. Highway No. 95 and State Highway No. 1, some sixteen miles north of Bonners Ferry, Idaho; situate thereon is a building used for a service station, tavern and novelty shop. As such...

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