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TAGGART v. HIGHWAY BD. FOR N. LATAH CTY.

No. 16516.

771 P.2d 37 (1988)

115 Idaho 816

Melvin TAGGART, Petitioner-Appellant, Cross-Respondent, v. HIGHWAY BOARD FOR the NORTH LATAH COUNTY HIGHWAY DISTRICT and North Latah County Highway District, Respondent-Respondent on Appeal, Cross-Appellant, and Verl Brown and Evelyn Brown, husband and wife; Henry Vowels; Rodney Vowels; Roy Guernsey Estate, Stanton P. Rines, Personal Representative; Wilmalee (Drollinger) West; Harley L. Drollinger and Patricia L. Drollinger, husband and wife; Ruth Lorine Drollinger; Bruce P. Drollinger; Potlatch Corporation; Franklin Jones and Irene Jones, husband and wife; State of Idaho Land Board; Lee Lisher and Joanne Lisher, husband and wife; Isabelle M. Severson; Gregory Fisher; and John B. Gage, Defendants.

Supreme Court of Idaho.

Rehearing Granted December 7, 1988.

On Rehearing March 27, 1989.

Attorney(s) appearing for the Case

Schwam & Schwam, Moscow, for petitioner-appellant, cross-respondent. Andrew M. Schwam argued.

Siebe, Landeck, Westerberg & Gould, Moscow, for respondent-respondent on appeal, cross-appellant. Ronald J. Landeck argued.

SHEPARD, Chief Justice.

This is an appeal from a judgment in favor of appellant Taggart declaring that a road is public and has not been abandoned as a public road by the respondent highway district, and which judgment denied an award of attorney fees to Taggart. Taggart appeals from the denial of attorney fees, and the highway district cross-appeals asserting that the road had been abandoned and no longer constituted a "public road."

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