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RUETH v. STATE

No. 12132.

596 P.2d 75 (1978)

100 Idaho 203

Herbert L. RUETH and Kathleen J. Rueth, husband and wife, Plaintiffs-Respondents, v. The STATE of Idaho, Robert G. Kalb, Paul Keeton, John Eaton, Jack Hemingway, and H. Jack Alvord, as Commissioners of the Idaho Fish and Game Commission, and Joseph C. Greenley, Director of the Idaho Fish and Game Department, Defendants-Appellants.

Supreme Court of Idaho.

Rehearing Denied June 11, 1979.

Attorney(s) appearing for the Case

Wayne L. Kidwell, Atty. Gen., Boise, T.J. Jones, III, Legal Counsel for Idaho Fish & Game Commission, Boise, for defendants-appellants.

Peter J. Boyd and Phillip M. Barber of Elam, Burke, Jeppesen, Evans & Boyd, Boise, for plaintiffs-respondents.

BISTLINE, Justice.

The State of Idaho's Fish and Game Department appeals a jury verdict in favor of plaintiffs-respondents Rueths. The Rueths brought suit in October, 1972, claiming that the Fish and Game Department's operation of a water diversion structure and resultant flooding "effected a complete loss of value of said lands of plaintiffs and, therefore, constitutes a taking of said lands of plaintiffs by defendants." The prayer of plaintiffs' complaint asked...

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