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BURLINGTON NORTHERN, INC. v. FINNEMAN

No. 11641.

530 P.2d 940 (1974)

96 Idaho 456

BURLINGTON NORTHERN, INC., a corporation, Plaintiff-Respondent, v. Andrew FINNEMAN and Ethel A. Finneman, husband and wife, Defendants, Wesley J. Carnegie et al., Defendants-Appellants.

Supreme Court of Idaho.

Rehearing Denied January 30, 1975.

Attorney(s) appearing for the Case

Scott W. Reed, Coeur d'Alene, for defendants-appellants, Carnegie.

Paul D. McCabe, Coeur d'Alene, for defendants-appellants, Bodine.

R. Paul Tjossem, Seattle, Wash., E.L. Miller, Coeur d'Alene, for plaintiff-respondent, Burlington Northern, Inc.

McQUADE, Justice.

This action arises out of a condemnation proceeding brought by respondent Burlington Northern, a railroad corporation, against four property owners in Kootenai County, Idaho, for the purpose of constructing a classification yard at Hauser Lake near Rathdrum in Kootenai County. The appellants Bodines and Carnegies, contested the condemnation action, contending that the respondent lacked the statutory and constitutional authority to exercise the power...

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