STATE EX REL. KIDWELL v. U.S. MARKETING, INC.

Nos. 12867 and 12910.

631 P.2d 622 (1981)

102 Idaho 451

STATE of Idaho ex rel. Wayne L. KIDWELL, Attorney General; and David H. Leroy, Ada County Prosecuting Attorney, Plaintiffs-Appellants, Cross Respondents, v. U.S. MARKETING, INC., an Idaho corporation, 4094 Chinden Blvd., County of Ada, State of Idaho, Lot 34, Block 6, Fairview Acres Subdivision # 1; Lamar Larsen, Manager and Property Incorporator, Jean Larsen, Manager; Don Cossette; Tom Shaw, Owner and Incorporator; David Burton, Clerk; Jerry Van Camp, John M. Southworth, Individually, and as Contract Property Owners; John Doe # 1, Arcade Machine Owners or Lessors; John Doe # 2, Security Interest Holder; John Does # 3-10, Defendants-Respondents, Cross Appellants, and Niks & Naks Adult Bookstore, a business, 3988 Chinden Blvd., Garden City, County of Ada, State of Idaho, Lot 34, Block 7, Fairview Acres Subdivision #1; Robert S. Loya, Owner; Joseph E. Osco, Betty Osco, Owner, Managers; Melvin Winn, Clerk; Cecil Andrew Johnson, Jr., and Helen M. Hanson, Property Owners; John Doe # 1, Arcade Machine Owners or Lessors; John Doe # 2, Security Interest Holder; John Does # 3-10, Defendants-Respondents, Cross Appellants. STATE of Idaho ex rel. Wayne L. KIDWELL, Attorney General; and David H. Leroy, Ada County Prosecuting Attorney, Plaintiffs-Respondents, Cross Appellants, v. U.S. MARKETING, INC., an Idaho corporation, 4094 Chinden Blvd., County of Ada, State of Idaho, Lot 34, Block 6, Fairview Acres Subdivision # 1, County of Ada, State of Idaho; Lamar Larsen, Manager and Property Incorporator; Jean Larsen, Manager; Dan Cossette; Tom Shaw, Owner and Incorporator; David Burton, Clerk, Defendants-Appellants, Cross Respondents, and Jerry Van Camp, John M. Southworth, Individually, and as Contract Property Owners; John Doe #1, Arcade Machine Owners or Lessors; John Doe #2, Security Interest Holder; John Does # 3-10, Defendants, and Niks & Naks Adult Bookstore, a business, 3988 Chinden Blvd., Garden City, County of Ada, State of Idaho, Lot 34, Block 7, Fairview Acres Subdivision # 1; Robert S. Loya, Owner; Joseph E. Osco and Betty Osco, Owner-Managers; Melvin Winn, Clerk, Defendants-Appellants, Cross Respondents, and Cecil Andrew Johnson, Jr., and Helen M. Hanson, Property Owners; John Doe # 1, Arcade Machine Owners or Lessors; John Doe # 2, Security Interest Holder; John Does # 3-10, Defendants.

Supreme Court of Idaho.

Rehearing Denied August 17, 1981.


Attorney(s) appearing for the Case

David H. Leroy, Atty. Gen., Lynn E. Thomas, Timothy M. Walton, Deputy Attys. Gen., Boise, for plaintiffs-appellants, cross respondents.

David W. Cantrill, Cantrill & Skinner, William J. Tway, Tway & Tway, Boise, for defendants-respondents, cross appellants.


BAKES, Chief Justice.

The state commenced this action against two Garden City adult bookstores under the provisions of the Idaho Moral Nuisance Abatement Act. I.C. §§ 52-401, et seq. Named as defendants were two business entities, U.S. Marketing, Inc., and Niks & Naks Adult Bookstore; their managers, owners, officers and incorporators; and those individuals who owned the two parcels of property upon which...

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