No. 12430.

594 P.2d 1093 (1979)

100 Idaho 140

In the Matter of the Representation of the State of Idaho in STATE of Idaho ex rel. Gary M. HAMAN, Prosecuting Attorney for Kootenai County, Plaintiff-Appellant, v. E.R.W. FOX and Eileen Fox, husband and wife, Burgess K. McDonald, duly appointed representative of Carmelita K. McDonald, Deceased, and the unknown heirs and devisees of each and every one of them, and the unknown owners of or claimants to any interest in that certain parcel of land situated in Kootenai County, Idaho, particularly described as follows, to wit: Beginning at the Southwest corner of Lot 8, Block 29, Lakeshore Addition to Coeur d'Alene, Idaho, said point being a concrete monument; thence South 83° 42'00" East along the South Boundary of said Block 29 a distance of 352.03 feet to the Southeast corner of Lot 14, said Block 29, thence South 19° 38'39" East, 85.70 feet to the Northwesternmost end of a concrete retaining wall, said point being the True Point of Beginning for this description, thence South 3° 25'01" West, 23.32 feet to the Southwesternmost corner of said wall, thence South 83° 51'05" East, 249.94 feet to the Southeastern most corner of said wall, thence North 4° 33'35" East, 24.53 feet to the Northeasternmost end of said wall, thence North 84° 07'53" West, 250.37 feet to the Northwesternmost end of said wall and the True Point of Beginning for this description, Defendants-Respondents.

Supreme Court of Idaho.

May 21, 1979.

Attorney(s) appearing for the Case

Scott W. Reed, Special Deputy Pros. Atty., Robert Thompson, Deputy Pros. Atty., Coeur d'Alene, for plaintiff-appellant.

E.L. Miller, of Miller, Knudson & Eismann, Coeur d'Alene, for defendants-respondents.

McFADDEN, Justice.

This is an action brought by the Prosecuting Attorney of Kootenai County on behalf of the people of the state of Idaho to establish public rights in and to privately owned water front property on Lake Coeur d'Alene. The district court determined that the public had no right or interest in the property and gave judgment to the property owners. We affirm.




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