STATE EX REL. MOORE v. HOWELL

No. 15978.

729 P.2d 438 (1986)

111 Idaho 963

STATE of Idaho, ex rel. Carl C. MOORE, Lloyd F. Barron and Roy I. Stroschein, Idaho Transportation Board, Plaintiffs-Respondents, v. Mary J. HOWELL and William E. Howell, husband and wife, Howell Marketing, Inc., a forfeited Idaho corporation and its trustee, William Howell, Alta Construction, Inc., a forfeited Idaho corporation and its trustee, Stephen W. Jones; John W. Kelly and Ruth E. Kelly, husband and wife, Defendants-Appellants, and Fearless Farris Wholesales, Inc., an Idaho corporation, Intervenor and Respondent.

Court of Appeals of Idaho.

December 4, 1986.


Attorney(s) appearing for the Case

William E. Howell, pro se.

Robert L. Trabert, Leonard G. Hill (argued) and Patrick Fanning, Boise, for respondent Idaho Transp. Bd.

Merrily Munther, Boise, for respondent Fearless Farris Wholesales. (Brief only.)


BURNETT, Judge.

The dispositive issue in this appeal is whether failure to join allegedly indispensable parties to a lawsuit renders the eventual judgment void for lack of jurisdiction. We hold that it does not.

This issue is framed by a condemnation action. In 1982, the Idaho Transportation Department sought to purchase real property in Ada County as part of a highway improvement project. When negotiations failed, the state instituted condemnation proceedings...

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