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MOUNTAIN STATES TELEPHONE & TEL. CO. v. CITY OF BOISE

No. 11103.

506 P.2d 832 (1973)

95 Idaho 264

MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, a corporation, Plaintiff-Respondent, v. The CITY OF BOISE, a municipal corporation, and Jay Amyx, Mayor, City of Boise, Defendants-Appellants.

Supreme Court of Idaho.

February 15, 1973.

Attorney(s) appearing for the Case

Elbert E. Gass, Boise, for defendants-appellants.

Warren E. Jones, Eberle, Berlin, Kading, Turnbow & Gillespie, chartered, Boise, for plaintiff-respondent.

McQUADE, Justice.

On August 16, 1971, the City Council of the City of Boise adopted Resolution 1743, approving a proposal for a lease by and between appellant City of Boise and respondent Mountain States Telephone and Telegraph Company. The leased property was to consist of Lots 11 and 12 of Block 42 of Boise City Original Townsite, which was then being used by the City for a city hall and police station. Resolution 1743 provided among other things:

"(f)...

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