STATE EX REL. MOORE v. SCROGGIE

Nos. 14526, 14560.

704 P.2d 364 (1985)

109 Idaho 32

The STATE of Idaho, ex rel. Carl C. MOORE, Lloyd F. Barron and Roy I. Strocshein, Idaho Transportation Board, Plaintiff-Respondent-Cross Respondent, v. Jesse SCROGGIE, Defendant-Appellant, Eileen M. Scroggie, Defendant-Respondent, Steven F. Bell, Defendant-Appellant, James F. Lyons, Defendant-Cross Appellant, Moorene Peterson, a/k/a Morene Peterson, a widow; and Boundary County, Idaho, Defendants.

Court of Appeals of Idaho.

August 2, 1985.


Attorney(s) appearing for the Case

Bruce S. Bistline of Boise and Jon N. Wyman of Wyman & Wyman, Boise, for defendant-appellant, Jesse Scroggie.

Michael J. Verbillis, Coeur d'Alene, for defendant-appellant, Steven F. Bell.

Peter B. Wilson, Bonners Ferry, for defendant-respondent, Eileen Scroggie.

Randall W. Day, Bonners Ferry, for defendant-cross-appellant, James F. Lyons.

Leonard G. Hill of Idaho Transportation Department, Boise, for plaintiff-respondent-cross-respondent, State of Idaho.


ON DENIAL OF PETITION FOR REHEARING

This opinion supersedes our opinion issued March 26, 1985, which is hereby withdrawn.

SWANSTROM, Judge.

This case was commenced as a condemnation action by the State of Idaho to acquire parcels of land needed for highway purposes in Boundary County. The suit proliferated several cross-claims and counterclaims among the persons purporting to have some interest in the condemned property. By a pretrial order, the...

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