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BARTON v. STATE

No. 13892.

659 P.2d 92 (1983)

104 Idaho 338

Esther L. BARTON, Personal Representative of the Estate of Louisa Murphy, Deceased, Plaintiff-Appellant, v. STATE of Idaho and Idaho State Department of Transportation, or Agency or Department of the State of Idaho, Defendants-Respondents.

Supreme Court of Idaho.

Rehearing Denied March 15, 1983.

Attorney(s) appearing for the Case

John H. Bengtson, Randall, Bengtson, Cox & Risley, Lewiston, Paul Sinnitt, Sinnitt & Sinnitt, Inc., P.S., Tacoma, Wash., for plaintiff-appellant.

Robert L. Trabert, Chief Legal Counsel, Idaho Dept. of Transp., Boise, for defendants-respondents.

HUNTLEY, Justice.

On this appeal we are asked to determine the extent, if any, of the State's liability on a contract to provide highway access points, when those access points were closed by the State twenty-two years after the contract was consummated. Respondent State of Idaho entered into negotiations in 1953 with Louisa Murphy1 to purchase a parcel of Murphy's property in North Lewiston for highway construction purposes. Pursuant...

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