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OREGON SHORT LINE R. CO. v. CITY OF MOUNTAIN HOME

No. 10357.

465 P.2d 105 (1970)

93 Idaho 494

OREGON SHORT LINE RAILROAD COMPANY, a corporation, and Union Pacific Railroad Company, a corporation, Plaintiffs-Respondents, v. CITY OF MOUNTAIN HOME, a municipal corporation, Defendant-Appellant.

Supreme Court of Idaho.

February 10, 1970.

Attorney(s) appearing for the Case

Robert M. Rowett, Mountain Home, for appellant.

E.C. Phoenix, D.A. Bybee and F.L. Ringe, Pocatello, for respondents.

McQUADE, Justice.

The plaintiff-respondent railroads, Oregon Short Line Railroad Company and Union Pacific Railroad Company, instituted this action in 1965 to have an ordinance of the City of Mountain Home declared void. The ordinance purported to annex the tract of land over which respondents' railroad operates. The question was submitted to the district court on a stipulated statement of facts and judgment was rendered in favor of the railroads.

The facts...

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