MERRITT v. STATE

No. 15945.

742 P.2d 397 (1986)

113 Idaho 142

Ellis MERRITT, Plaintiff-Respondent, v. The STATE of Idaho, John V. Evans, Governor; Carl C. Moore, Lloyd F. Barron, John M. Ohman, Idaho Transportation Board, and Darrell V Manning, Idaho Transportation Department, Defendants-Appellants.

Supreme Court of Idaho.

Rehearing Granted February 2, 1987.

On Rehearing July 10, 1987.


Attorney(s) appearing for the Case

Robert L. Trabert, Patrick Fanning, and Leonard G. Hill (argued), Boise, for defendants-appellants.

Wayne E. Davis, Caldwell, for plaintiff-respondent.


HUNTLEY, Justice.

Merritt owns an unimproved lot at the corner of North 10th Avenue and Interstate 84 in Caldwell, Idaho. Prior to the construction of an interchange at North 10th and I-84, Merritt had access directly to his property from North 10th via an eighteen foot wide curb cut and indirectly from North 10th via a similar curb cut to an alley bordering the 150 foot northeast edge of the property. Access to the alley from North 9th Avenue continues to be available...

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