SNYDER v. STATE

No. 10103.

438 P.2d 920 (1968)

Leo B. SNYDER, d/b/a Blue Cross Animal Hospital, Plaintiff-Respondent, v. STATE of Idaho and City of Boise, Defendants-Appellants.

Supreme Court of Idaho.

March 25, 1968.


Attorney(s) appearing for the Case

Faber F. Tway, Chief Legal Counsel, and Anton Hohler, Asst. Legal Counsel, Idaho Dept. of Highways, Boise, for appellant, State.

Elbert E. Gass, Boise, for appellant, City of Boise.

William A. Stellmon, Lewiston, for City of Lewiston, amicus curiae.

Manweiler & Webb, Boise, for Ass'n of Idaho Cities, amicus curiae.

Robert W. Peterson, Moscow, for City of Moscow, amicus curiae.

Davison, Davison & Copple, Boise, for respondent.


SPEAR, Justice.

By this action plaintiff (respondent herein) seeks to recover damages on the theory of inverse condemnation alleging that defendants (appellants) have materially interfered with the right of access to his animal hospital. Appellants contend this is not the case and that respondent's damage, if any, is not compensable because it results from a lawful exercise of their police powers and does not involve loss of "access."

Respondent alleges that...

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