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BARE v. DEPARTMENT OF HIGHWAYS

No. 9566.

401 P.2d 552 (1965)

Claude BARE, Plaintiff-Appellant, v. DEPARTMENT OF HIGHWAYS, a civil administrative department of the state government, Wallace C. Burns, Ernest Gaffney, Doyle Symms, as the Idaho Board of Highway Directors, Defendants-Respondents.

Supreme Court of Idaho.

April 23, 1965.

Attorney(s) appearing for the Case

A. A. Merrill, Idaho Falls, for appellant.

Faber F. Tway, Chief Legal Counsel and Jack C. Riddelmoser, Department of Highways, Boise, for respondent.

TAYLOR, Justice.

Plaintiff (appellant) was the owner of a rectangular parcel of land on the north side of state highway No. 28, where it runs east and west through the village of Mud Lake (population 175) in Jefferson county. On this property plaintiff operated a repair shop, a service station, and a general store, with living quarters, all under one roof; and a small motel on the west end of the property. The gasoline pumps were located on a raised concrete "island...

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