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HARSHBARGER v. COUNTY OF JEROME

No. 15158.

693 P.2d 451 (1984)

107 Idaho 805

Elmer T. HARSHBARGER and Beverly U. Harshbarger, husband and wife; T.W. Bush and Pamela Bush, husband and wife; R.N. Bush and Lois I. Bush, husband and wife; James D. Lohmann and Janet Lohmann, husband and wife; Ronald S. Thaemert and Rosa D. Thaemert, husband and wife; Rex L. Bennett and Pamela A. Bennett, husband and wife; Ronald Sayre and Sherry Sayre, husband and wife; Vernon Kendall and Olivene Kendall, husband and wife; Nick Henderson and Linda Henderson, husband and wife; Sam DeLeeuw and Alice DeLeeuw, husband and wife; known collectively as Canyonside Estates Residents, Plaintiffs-Appellants, v. COUNTY OF JEROME, State of Idaho; Mel Grindstaff, Hendry Schutte and Russell Howell (the Jerome County Commissioners); the Jerome County Highway District; and H.E. "Hap" Wilson, John Mogensen and Raymond G. Clark, (Commissioners of the Jerome County Highway District), Defendants-Respondents.

Supreme Court of Idaho.

December 27, 1984.

Attorney(s) appearing for the Case

John J. Healzer, of Hart & Healzer, Jerome, for plaintiffs-appellants Harshbarger.

Dannis M. Adamson, Pros. Atty. for Jerome County, and Kay R. Jones, Deputy Pros. Atty., Jerome, for defendant-respondent County of Jerome.

Robert E. Williams, III, of Rettig, Fredericksen & Williams, Jerome, for defendant-respondent Jerome County Highway District.

THE PREVIOUS OPINION ISSUED OCTOBER 10, 1984, IS HEREBY WITHDRAWN AND THIS OPINION IS SUBSTITUTED THEREFOR.

DONALDSON, Chief Justice.

On February 7, 1973, Mr. Dee Hord, developer of the Canyonside Estates Subdivision, presented the subdivision plat to Jerome County. The plat was accepted by the Jerome County Planning & Zoning Commission, and by the Jerome County Commissioners later that month. Parcels of land within the subdivision were subsequently...

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