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STATE EX REL. SYMMS v. NELSON SAND & GRAVEL, INC.

No. 10470.

468 P.2d 306 (1970)

93 Idaho 574

The STATE of Idaho, ex rel. R. Doyle SYMMS, Howard B. Thomason, and C. Ed Flandro, Idaho Board of Highway Directors, Plaintiff-Appellant, v. NELSON SAND AND GRAVEL, INC., an Idaho corporation, Defendant-Respondent.

Supreme Court of Idaho.

Rehearing Denied May 18, 1970.

Attorney(s) appearing for the Case

Faber F. Tway and Anton Hohler, Idaho Department of Highways, Boise, for appellant.

Elam, Burke, Jeppesen, Evans & Boyd, Boise, for respondent.

McFADDEN, Chief Justice.

On December 22, 1967, the State of Idaho by complaint instituted this action seeking condemnation of a portion of land owned in fee by the defendant-respondent Nelson Sand and Gravel, Inc., to be used by the state for the Boise bypass section of Interstate 80N. Adjoining the property owned by respondent is a forty acre tract of land on which respondents had a lease from the state. The state did not mention this leased land in the condemnation...

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