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MARTY v. STATE

No. 17733.

786 P.2d 524 (1989)

117 Idaho 133

Joe MARTY and Ella M. Marty, husband and wife, Carl W. Lundholm and Gladys I. Lundholm, husband and wife, Keith Rady and Deanna Rady, husband and wife, Paul Gunderson and Deoine Gunderson, husband and wife, Duane Lundholm and Ramona Lundholm, husband and wife, Plaintiffs-Appellants, v. STATE of Idaho, a body politic; Flood Control District 5; Walter Speelmon; Water District 31; Donald Shenton; Garth Soderquist; Holley Water Users Association, a forfeited Idaho corporation, by and through its statutory trustees Lamoyne Barney, Rex Coleman, and J. Kay Byrne; Jackett Canal Company, an Idaho corporation; Level Canal Company, a forfeited Idaho corporation by and through its statutory trustees, Werner Schmitt, and Frank Siddoway; Owsley Canal Company, an Idaho corporation; Independent Water Users of Mud Lake, Inc., an Idaho corporation; Jay Furniss; Art Dobson; Joe Potter; John Doe Corporations I Through X; John Does I Through XX, Defendants-Respondents, and Lewis Bezold; Jefferson County, a political subdivision of the state of Idaho, Defendants.

Supreme Court of Idaho.

Rehearing Denied February 23, 1990.

Attorney(s) appearing for the Case

Ling, Nielsen & Robinson, Rupert, for plaintiffs-appellants. Mark A. Ingram, argued.

Jim Jones, Atty. Gen., Boise, Curt R. Thomsen, Sp. Deputy Atty. Gen., argued, Idaho Falls, for the State.

Holden, Kidwell, Hahn & Crapo, Idaho Falls, for defendants-respondents, Water District # 31, Flood Control District # 5, Level Canal Co., Schmitt, Siddoway, Furniss, Potter, Shenton, Soderquist, and Speelmon. Curt R. Thomsen, argued.

Anderson, Pike and Bush, Idaho Falls, for defendant-respondent, Art Dobson, Douglas R. Nelson, appeared.

Racine, Olson, Nye, Cooper and Budge, Pocatello, for defendant-respondent Jacket Canal Co. William D. Olson, appeared.

Imhoff and Lynch, Idaho Falls, for defendant-respondent Owsley Canal Co. Stephen McGrath, appeared.

St. Clair, Hiller, Wood and St. Clair, Idaho Falls, for defendants-respondents, Holley Water Users, Lamayne, Coleman and Byrne. Richard T. St. Clair, appeared.

JOHNSON, Justice.

This is a flood liability case. It involves the flooding of farmland near Mud Lake in 1984 and 1985. The owners of this farmland (the landowners) sued various governmental agencies, officers and employees (the governmental agencies) and local canal companies (the canal companies) and water users (the water users) seeking damages and injunctive relief. The issues we address in this opinion are (1) whether the governmental agencies were immune from...

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