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LEWIS-CLARK MEMORIAL GARDENS v. CITY OF LEWISTON

No. 12580.

587 P.2d 821 (1978)

99 Idaho 680

LEWIS-CLARK MEMORIAL GARDENS, INC., an Idaho Corporation, Plaintiff-Respondent, v. The CITY OF LEWISTON, Idaho, a municipal corporation, Defendant-Appellant.

Supreme Court of Idaho.

December 11, 1978.

Attorney(s) appearing for the Case

Michael C. Moore, Lewiston, for defendant-appellant.

John H. Bengtson of Randall, Bengtson & Cox, Lewiston, for plaintiff-respondent.

DONALDSON, Justice.

The plaintiff-respondent Lewis-Clark Memorial Gardens, Inc. (hereinafter LCMG) operates a private cemetery business for the burial of human dead upon real property located in Nez Perce County, Idaho. The business has been in operation since 1955.

Prior to 1969, LCMG's cemetery property was located in an unincorporated area outside the City of Lewiston. In December, 1969, this area was annexed by the City of Lewiston and as such became subject...

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