STATE EX REL. SYMMS v. COLE FIRE PROTECTION DISTRICT

No. 10359.

451 P.2d 1011 (1969)

92 Idaho 810

The STATE of Idaho ex rel. R. Doyle Symms, Ernest F. Gaffney and C. Ed Flandro, Idaho Board of Highway Directors, Plaintiff-Appellant, v. COLE FIRE PROTECTION DISTRICT, Defendant-Respondent.

Supreme Court of Idaho.

March 20, 1969.


Attorney(s) appearing for the Case

Faber F. Tway, Anton Hohler, Boise, for plaintiff-appellant.

Anderson, Kaufman, Anderson & Ringert, Boise, for defendant-respondent.


SHEPARD, Justice.

This case concerns the condemnation by the State of Idaho, pursuant to highway construction programs, of certain property in the southwest quadrant of the intersection of Fairview Avenue and Orchard Avenue in Boise. Some of the land was taken in fee, and easements, both temporary and permanent, were also condemned.

The parties were unable to agree upon the value of the property so taken, and the action was tried before a jury on March 27...

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