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DAYLEY v. CITY OF BURLEY

No. 11212.

524 P.2d 1073 (1974)

96 Idaho 101

Ardell DAYLEY et al., Plaintiffs-Respondents, v. CITY OF BURLEY, Idaho, a municipal corporation, Defendant-Appellant.

Supreme Court of Idaho.

July 22, 1974.

Attorney(s) appearing for the Case

William A. Parsons, Parsons & Smith, Burley, for defendant-appellant.

Donald J. Chisholm, Goodman, Duff & Chisholm, Rupert, for plaintiffs-respondents.

McFADDEN, Justice.

The plaintiff-respondents, Ardell Dayley and Max Dayley with their wives, instituted this quiet title action against the City of Burley and other defendants. The claims of all defendants other than the city were settled and are not involved in this appeal. In their complaint the plaintiffs alleged that the city had caused certain storm sewers or drains to be constructed which accumulated and diverted storm waters onto plaintiffs' property, which...

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