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FUND FOR ANIMALS, INC. v. MUD LAKE FARMERS

No. 14677.

673 P.2d 408 (1983)

105 Idaho 808

FUND FOR ANIMALS, INC., a New York corporation; Phillip D. Santee and Kathy Santee, husband and wife; Peter Nicholas and Claudia Nicholas, husband and wife; Barbara Martin-Sparrow, individually; Douglas Phillips and Marlene Phillips, husband and wife; Carole E. White-Leather, individually; and John W. Sackman, individually, Plaintiffs-Appellants, v. MUD LAKE FARMERS RABBIT COMMITTEE, an unincorporated association, its members, officers and organizers individually; Orvin Twitchell and Lane Eddins, individually and in their representative capacities; the Board of County Commissioners of Jefferson County; and Robert Hurley, Clyde Terry and Rex Furness, each individually and in his respective capacity as a Commissioner of Jefferson County, Idaho; and John Does 1 through 100, individually, Defendants-Respondents.

Supreme Court of Idaho.

December 8, 1983.

Attorney(s) appearing for the Case

William L. Mauk and W. Craig James (argued), Boise, for plaintiffs-appellants.

Jerry R. Rigby and Ray W. Rigby, Rexburg, for defendant-respondent Mud Lake Farmers Rabbit Committee.

Robin Dwain Dunn and Stephen J. Clark (argued), Rigby, for defendant-respondent Jefferson County Commissioners.

Richard D. Petersen, Pocatello, and Richard L. Krause, Park Ridge, Illinois, for amicus curiae American Farm Bureau Federal and Idaho Farm Bureau Federation.

BISTLINE, Justice.

The trial court's Findings of Fact, unchallenged on the appeal, contain the factual background giving rise to the controversy:

"1. The area of Jefferson County called the `Mud Lake area' has throughout the century been infested with jack rabbits. The rabbits visit the farms in the neighborhood and destroy the growing crops. In winter they attack the hay stacks. As the area has become more and more heavily farmed the damage done by rabbits...

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