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COEUR D'ALENE GARBAGE v. CITY OF COEUR D'ALENE

No. 16712.

759 P.2d 879 (1988)

114 Idaho 588

COEUR D'ALENE GARBAGE SERVICE, a sole proprietorship, Plaintiff-Respondent, v. CITY OF COEUR D'ALENE, a municipal corporation, Defendant-Appellant, and Lake City Disposal, Inc., an Idaho corporation, Defendant.

Supreme Court of Idaho.

May 20, 1988.

Attorney(s) appearing for the Case

Hull, Hull & Branstetter, Michael K. Branstetter, (argued), Wallace, for defendant-appellant.

Scott W. Reed, Coeur d'Alene, for plaintiff-respondent.

JOHNSON, Justice.

This is an inverse condemnation case. The primary issue presented is whether the actions of the City of Coeur d'Alene (the City) constituted takings of property of Coeur d'Alene Garbage Service (Garbage Service) requiring just compensation pursuant to art. 1, § 14 of the Idaho Constitution and the fifth amendment of the United States Constitution. We affirm the decision of the trial court that there...

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