JACAWAY v. STATE

No. 12013.

551 P.2d 1330 (1976)

97 Idaho 694

Don JACAWAY and Cheryl Jacaway, husband and wife, Plaintiffs-Appellants, v. The STATE of Idaho, a sovereign state, and Lava Hot Springs Foundation, Inc., Defendants-Respondents.

Supreme Court of Idaho.

July 8, 1976.


Attorney(s) appearing for the Case

Ben Peterson of Baum & Peterson, Pocatello, for plaintiffs-appellants.

W. Marcus W. Nye, Sp. Asst. Atty. Gen., Pocatello, William D. Olson, Sp. Asst. Atty. Gen., Racine, Huntley & Olson, Pocatello, for defendants-respondents.


PER CURIAM:

This is an action brought under the Idaho Tort Claims Act, I.C. §§ 6-901 et seq. It is uncontested that the plaintiffs did not comply with the requirement of I.C. § 6-905 by presenting their claim against the state within 120 days after their alleged cause of action arose. The district court dismissed the action under the authority of I.C. § 6-908, which provides that no action shall be allowed against the state unless a claim...

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