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FARBER v. STATE

No. 14499.

693 P.2d 469 (1984)

107 Idaho 823

J.R. FARBER and Amelia V. Farber, husband and wife, Plaintiffs-Appellants, v. STATE of Idaho; City of Nampa; Asphalt Paving & Construction Co., Inc., a Corporation, Defendants, and State of Idaho, Department of Transportation, Defendant-Respondent.

Court of Appeals of Idaho.

December 7, 1984.

Attorney(s) appearing for the Case

Kenneth F. White, Nampa, for plaintiffs-appellants.

Robert L. Trabert, Chief Legal Counsel, Patrick W. Fanning, Boise, for respondent Dept. of Transp.

BAKES, Acting Chief Judge.

Appellant Farber owns a building in Nampa used for the purposes of a medical clinic. The roof of the building extended over the public right of way, and in 1971 the City of Nampa granted a temporary easement to Farber for this overhang "good only for the life of said business building... ." In 1973, a reconstruction of the adjoining roadway by the State of Idaho and the City of Nampa resulted in a public sidewalk infringing upon the easement...

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