CITY OF POCATELLO v. PETERSON

No. 10646.

473 P.2d 644 (1970)

93 Idaho 774

CITY OF POCATELLO, a municipal corporation of the State of Idaho, Plaintiff-Respondent, v. George H. PETERSON and Dean G. Nielson, d/b/a a joint venture, Defendants-Appellants.

Supreme Court of Idaho.

August 7, 1970.


Attorney(s) appearing for the Case

Racine, Huntley, Herzog & Olson, Pocatello, for defendants-appellants.

Johnson and Olson, Pocatello, for plaintiff-respondent.

Robert M. Robson, Atty. Gen., and Richard H. Greener, Asst. Atty. Gen. Boise, amici curiae.

Seward H. French, Pros. Atty., Bonneville County, Idaho Falls, amicus curiae

Ellison M. Matthews, Pros. Atty., Ada. County, Boise, amicus curiae.


DONALDSON, Justice.

This action was initiated by the City of Pocatello, plaintiff-respondent, for the purpose of seeking a declaratory judgment as to the validity of a lease agreement proposed by the city, but rejected by George H. Peterson and Dean G. Nielson, the defendants-appellants. The appellants rejected the lease agreement since they had a question as to its legality. The parties stipulated that the cause be submitted...

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