TOMCHAK v. WALKER

No. 15641.

700 P.2d 68 (1985)

108 Idaho 446

Joe W. TOMCHAK and Florence M. Tomchak, husband and wife; and Helen M. Berrett, Plaintiffs-Appellants, v. Paul WALKER, Robert Hurley, Clyde Terry, Jefferson County Commissioners; and Jefferson County, Idaho, a political subdivision, Defendants-Respondents.

Supreme Court of Idaho.

May 7, 1985.


Attorney(s) appearing for the Case

John X. Combo, of Weinpel, Woolf, Just, Combo & Davis, Idaho Falls, for plaintiffs-appellants.

Stephen J. Clark, of Dunn & Clark, Rigby, for defendants-respondents.


BAKES, Justice.

Plaintiffs appeal from the district court's dismissal of their complaint seeking a declaratory judgment that a roadway is a county highway. We reverse and remand for further proceedings.

Plaintiffs own title to land abutting and underlying portions of a dirt road which is graveled in places and extends past a gate and a "no trespassing" sign to reach a dead end. Plaintiff Tomchaks' home is along the road before the gate, and there is an abandoned...

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