CITY OF NAMPA v. SWAYNE

No. 11853.

547 P.2d 1135 (1976)

97 Idaho 530

The CITY OF NAMPA, Idaho, a Municipal Corporation, Plaintiff and Respondent, v. Samuel A. SWAYNE et al., Defendants, and Newell E. Drinkall et al., Defendants and Appellants.

Supreme Court of Idaho.

March 29, 1976.


Attorney(s) appearing for the Case

Leon R. Weeks of Weeks, Yost, White & Ahrens, Nampa, for defendants and appellants.

Reese E. Verner, Nampa, for plaintiff and respondent.


SHEPARD, Justice.

This is an appeal from a summary judgment ordering removal of certain signs encroaching over and above the road surface of a public street. The questions presented involve the authority of a municipality to declare such encroachments to be nuisances per se and whether such signs obstruct or interfere with the public's use of the street.

Appellants-defendants are leaseholders of real property in Nampa, Idaho, located in the 200 block of 12th...

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