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PETERSEN v. STATE

No. 9422.

393 P.2d 585 (1964)

Kermit D. PETERSEN and Katherine M. Petersen, husband and wife, Plaintiffs-Appellants, v. The STATE of Idaho, a Political Sovereign, Defendant-Respondent.

Supreme Court of Idaho.

June 22, 1964.

Attorney(s) appearing for the Case

Greene & Hunt, Sandpoint, Walter F. Pool, Spokane, Wash., for appellants.

Allan G. Shepard, Atty. Gen., and Michael Southcombe, Asst. Atty. Gen., Boise, for respondent.

McQUADE, Justice.

Plaintiffs-appellants, Mr. and Mrs. Kermit D. Petersen, filed a condemnation action in the district court, by which they sought to exercise eminent domain against the State of Idaho for a roadway to their property. The defendant-respondent, the State of Idaho, filed a motion to dismiss alleging lack of jurisdiction in the district court to entertain such a suit. Stated more specifically, the respondent alleged that it had not and would not consent...

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