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BEN LOMOND, INC. v. CITY OF IDAHO FALLS

No. 10094.

448 P.2d 209 (1968)

92 Idaho 595

BEN LOMOND, INC., Plaintiff-Appellant, v. The CITY OF IDAHO FALLS, a Municipal corporation; Eddie Pedersen, as Mayor, and Jack A. Wood, Marilyn Smith, Melvin Erickson, Jim R. Freeman, Gordon L. Nelson and Dale D. Parish, as councilmen for the City of Idaho Falls, and Ray Browning, as Building Official of the City of Idaho Falls, Defendants-Respondents.

Supreme Court of Idaho.

December 6, 1968.

Attorney(s) appearing for the Case

Petersen, Moss & Olsen, Idaho Falls, for appellant.

Albaugh, Bloem, Smith & Pike, Idaho Falls, for respondents.

McFADDEN, Justice.

Appellant, Ben Lomond, Inc., the plaintiff below, instituted this action initially for a writ of mandamus to compel the defendant City of Idaho Falls to issue a building permit for construction of a service station on its property. Appellant's property, the subject of this action, is a tract 110' x 125' with an adjoining easement. The tract fronts on what is now 17th Street of the City of Idaho Falls, and is a part of a larger tract initially owned...

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