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STATE v. KELLY

No. 9573.

403 P.2d 566 (1965)

The STATE of Idaho ex rel. Wallace G. BURNS, Ernest F. Gaffney, and R. Doyle Symns, Idaho Board of Highway Directors, and Bryce Bennett, Plaintiffs-Respondents, v. James P. KELLY, Defendant-Appellant.

Supreme Court of Idaho.

Rehearing Denied July 26, 1965.

Attorney(s) appearing for the Case

James P. Kelly, pro se.

Faber F. Tway, Chief Legal Counsel, Idaho Dept. of Highways, Jack C. Riddlemoser, Anton Hohler, Boise, for respondents.

McFADDEN, Justice.

This action was instituted by the State of Idaho, through the Idaho Board of Highway Directors and State Highway Engineer respondents herein, for injunctive relief to compel removal of a certain sign erected and maintained by defendant Kelly, on land claimed by the State as a state highway right-of-way. Defendant James P. Kelly, appellant herein, contested issuance of the injunction, claiming that he was the owner of the fee on which the sign was...

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