SIMMONS v. CITY OF MOSCOW

Nos. 14958, 14991.

720 P.2d 197 (1986)

111 Idaho 14

Merl S. and Maxine E. SIMMONS, husband and wife; David L. Hood, guardian for the Estate of Marguerite C. Hood, State Tractor and Supply Co., Inc., an Idaho Corporation; Standard Lumber Company, an Idaho Corporation; Oscar E. and Alice E. Stube, husband and wife; Allen W. Johnston, a married man; Aldon M. Hoffman, a married man; Latah County Grain Growers, Inc., an Idaho Corporation; Nicholas J. and Carolyn C. Ogden, husband and wife; Frederic N. and Lynaire M.H. Banks, husband and wife; Mabel I. Walters, a single woman; Jay O. Mc Coy, a married man, and Oba A. Mc Coy, a married man, for themselves and on behalf of Mc Coy Plumbing, Heating and Bath Boutique, a partnership; Jack S. and Lanna L. Hammond, husband and wife; Cliff F. and Elsie Lathen, husband and wife; Harold J. and Helen G. Dahmen, husband and wife; Chi-Wu and Ya-Yen Wang, husband and wife; Moscow Grange No. 236; United Church of Moscow; Crites-Moscow Growers, Inc., an Idaho Corporation, Plaintiffs-Respondents-Cross Appellants, v. CITY OF MOSCOW, a Municipal Corporation of Idaho, Defendant-Appellant-Cross Respondent. Roscoe L. WILLIAMS, Max E. Bingman, and Robert W. Peterson, Plaintiffs-Respondents, v. CITY OF MOSCOW, a municipal corporation of Idaho, Defendant-Appellant. Milburn J. KENWORTHY and Bethine J. Kenworthy, husband and wife, and Milburn J. Kenworthy and Bethine J. Kenworthy, trustees for the Kenworthy Family Trust, Plaintiff-Respondents-Cross-Appellants, v. CITY OF MOSCOW, a municipal corporation of Idaho, Deffendant-Appellant-Cross-Respondent.

Supreme Court of Idaho.

May 29, 1986.


Attorney(s) appearing for the Case

William L. Herrington, Moscow, for defendant-appellant-cross respondent City of Moscow.

Allyn M. Dingel, Jr., Bobbi K. Dominick and Robert M. Tyler, Jr., Moscow, for amicus curiae First Interstate Bank.

Dean Wullenwaber, Moscow, for plaintiff-respondent-cross appellant Simmons et al.

Robert W. Peterson, Moscow, Stanton P. Rines, Boise, for plaintiff-respondent-cross appellant Kenworthy.

Andrew M. Schwam, Moscow, for plaintiff-respondent Williams et al.

Edwin L. Litteneker, Lewiston, for amicus city of Lewiston on rehearing an James C. Meservy, Jerome, for amicus County of Jerome on rehearing.


ON REHEARING

HUNTLEY, Justice.

This case arises from challenges by property owners to assessments levied by the City of Moscow ("the City") pursuant to I.C. §§ 50-1701 through 50-1770. In June, 1980, the City formed Local Improvement District No. 94 to pay approximately one-half of the $1,600,000 cost of a downtown revitalization project, the other one-half being supplied by federal matching funds. The project consisted of construction of new downtown...

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