CLARK v. OLSEN

No. 15265.

715 P.2d 993 (1986)

110 Idaho 323

Ross CLARK, Plaintiff-Appellant, v. James OLSEN, Donald E. Kunz, Thomas R. Sneddon, Floyd Bird, Warren G. Wright, K.J. Allred, and Raymond Peterson, City Councilmen of the City of Montpelier, County of Bear Lake, State of Idaho, Defendants-Respondents.

Supreme Court of Idaho.

March 5, 1986.


Attorney(s) appearing for the Case

John B. Ingelstrom, of Racine, Olson, Nye & Cooper & Budge, Pocatello, for plaintiff-appellant.

Ardee Helm, Jr., Montpelier, for defendants-respondents.


The Previous Opinion Issued February 14, 1985, is Hereby Withdrawn and this Opinion is Substituted Therefor.

ON REHEARING

DONALDSON, Chief Justice.

On June 13, 1967, plaintiff-appellant, Ross Clark appeared at a Montpelier City Council meeting. Clark owned several undeveloped lots on "M" Hill in Montpelier, and he sought to have an access road constructed to these lots. It was agreed that Clark would grade the proposed access road and that the city...

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