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ALEXANDER v. TRUSTEES OF VILLAGE OF MIDDLETON

No. 10295.

452 P.2d 50 (1969)

92 Idaho 823

Mary Lee ALEXANDER, a single woman, and Joyce Ann Kelso, a single woman, Plaintiffs and Appellants, v. The TRUSTEES OF the VILLAGE OF MIDDLETON, Idaho and the Village of Middleton, Idaho, Defendants and Respondents. Clark M. CORNELL and Vera M. Cornell, husband and wife, Plaintiffs and Appellants, v. The TRUSTEES OF the VILLAGE OF MIDDLETON, Idaho and the Village of Middleton, Idaho, Defendants and Respondents.

Supreme Court of Idaho.

March 17, 1969.

Attorney(s) appearing for the Case

Smith, Miller & Weston, Caldwell, for appellants.

Alexanderson, Davis & Rainey, Caldwell, for respondents.

SHEPARD, Justice.

These cases arise out of the same events and were consolidated for trial. Appellants in both cases are owners of properties annexed to the Village of Middleton by ordinance of December 29, 1964; they now contest the validity of the ordinance and demand to be disannexed.

All parcels of property involved herein exceed five acres in size and all are devoted to agricultural uses.

The action of the Village resulted from a ground pollution...

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