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GILBERT v. CITY OF CALDWELL

No. 15990.

732 P.2d 355 (1987)

112 Idaho 386

Bill GILBERT and M. Maxine Gilbert, husband and wife, Plaintiffs-Appellants and Cross-Respondents, v. CITY OF CALDWELL, A Municipal Corporation of the State of Idaho, Defendant-Respondent, and Tony Russell Construction, Inc., a foreign corporation authorized to do business within the State of Idaho, Defendant-Respondent and Cross-Appellant.

Court of Appeals of Idaho.

January 29, 1987.

Attorney(s) appearing for the Case

Wayne E. Davis and Ronald P. Rainey (argued) (Alexanderson, Davis, Rainey, Whitney & Kerrick), Caldwell, for plaintiffs-appellants and cross-respondents, Gilbert.

Charles A. Smyser, Boise, for defendant-respondent, City of Caldwell.

Richard C. Boardman (argued) and Paul S. Penland (Penland & Munther, Chartered), Boise, for defendant-respondent and cross appellant, Tony Russell Construction, Inc.

WALTERS, Chief Judge.

Bill and Marie Gilbert of Caldwell granted an easement to the City of Caldwell to permit a new sewer main to cross their commercial property. They were not satisfied with the reconstruction of the site following installation. Nor were they satisfied with the damages awarded by the district court following trial. Their appeal raises the following issues: (1) whether the district court erred in finding the city was not bound by any promise to restore...

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