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RUETH v. STATE

No. 13650.

644 P.2d 1333 (1982)

103 Idaho 74

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, Joseph C. Greenley, Director of the Idaho Fish and Game Department, Defendants-Appellants.

Supreme Court of Idaho.

April 30, 1982.

Attorney(s) appearing for the Case

David H. Leroy, Atty. Gen., Lynn E. Thomas, Sol. Gen., John C. Vehlow, David J. Barber and Stephen V. Goddard, Deputy Attys. Gen., Boise, for defendants-appellants.

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

McFADDEN, Justice.

Herbert and Kathleen Rueth brought an inverse condemnation action against the Idaho Fish and Game Department. The action arises out of the Department's operation of a water diversion structure, which allegedly caused the water table on the Rueths' property to be raised so that their land has been flooded from subsurface percolation, "effect[ing] a complete loss of value of said lands of plaintiffs and, therefore, constitutes a taking of said lands...

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