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STATE EX REL. EVANS v. SPOKANE INTERN. R. CO.

No. 12461.

579 P.2d 694 (1978)

99 Idaho 197

The STATE of Idaho ex rel. John V. EVANS, Governor, Wayne L. Kidwell, Attorney General, Roy Truby, Superintendent of Public Instruction, Joe R. Williams, Auditor, and Pete T. Cenarrusa, Secretary of State, as the State Board of Land Commissioners, and Gordon C. Trombley, Commissioner of Public Lands, Plaintiff-Appellant and Cross-Respondent, v. SPOKANE INTERNATIONAL RAILROAD COMPANY, a Washington Corporation, Defendant-Respondent and Cross-Appellant.

Supreme Court of Idaho.

May 31, 1978.

Attorney(s) appearing for the Case

Wayne L. Kidwell, Atty. Gen., L. Mark Riddoch, Asst. Atty. Gen., Boise, for plaintiff-appellant and cross-respondent.

Fred W. Gilbert of Hamblen, Gilbert & Brooke, P.S., Spokane, Wash., Ray T. Greene of Greene & Hunt, Sandpoint, for defendant-respondent and cross-appellant.

DONALDSON, Justice.

In 1908 the State of Idaho executed a warranty deed granting a 200' easement or right-of-way across school endowment land to the defendant-respondent, Spokane International Railroad Company (hereinafter "Spokane"). In 1923, the State of Idaho executed a second warranty deed which extended the easement 100', making the easement 300' wide. The easement was granted for the purpose of constructing and maintaining a railroad track roadbed and Spokane...

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