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CITY OF CALDWELL v. ROARK

No. 12383.

575 P.2d 495 (1978)

98 Idaho 897

CITY OF CALDWELL, a Municipal Corporation, Plaintiff-Respondent, v. Roy A. ROARK and Oleta Roark, husband and wife, Algot Larson, Canyon County, Idaho, any and all unknown owners, Defendants, and Roy A. Roark and Oleta Roark, Defendant-Appellants. Roy A. ROARK and Oleta Roark, Plaintiff-Appellants, v. CITY OF CALDWELL, a Municipal Corporation and John Doe, whose true name is unknown, Defendants, and City of Caldwell, a Municipal Corporation, Defendant-Respondent.

Supreme Court of Idaho.

March 2, 1978.

Attorney(s) appearing for the Case

Richard H. Greener of Clemons, Cosho, Humphrey & Samuelsen, Boise, for appellants.

Wayne E. Davis of Alexanderson, Davis, Rainey & Whitney, Caldwell, for respondent.

BAKES, Justice.

Roy and Oleta Roark brought an action against the City of Caldwell to establish their interest in land that was formerly the subject of condemnation proceedings instituted by the city. The Roarks also moved to amend the judgment entered in the condemnation action. The trial court granted summary judgment to the city and denied the Roarks' motion to amend. The Roarks appeal from both rulings. We affirm.

I

In 1965 the city brought an...

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