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JAHNKE v. COUNTY OF BINGHAM

No. 17391.

768 P.2d 811 (1989)

115 Idaho 548

Virgil JAHNKE, Plaintiff-Appellant, v. COUNTY OF BINGHAM, State of Idaho; J.A. Smith and Leora Smith, Defendants-Respondents.

Court of Appeals of Idaho.

January 30, 1989.

Attorney(s) appearing for the Case

Thomas J. Holmes, Hawley, Troxell, Ennis & Hawley, Pocatello, for plaintiff-appellant.

John A. Bailey, Jr., Racine, Olson, Nye, Cooper & Budge, Pocatello, for defendant-respondent, Bingham County.

Defendants-respondents, J.A. Smith and Leora Smith, presented no argument in this appeal.

SMITH, Judge, Pro Tem.

This is a tax deed case. Virgil Jahnke seeks to set aside the issuance of a tax deed and the subsequent sale of real property which Jahnke had owned in Bingham County (County). Jahnke contends that the tax sale was illegal because the Bingham County treasurer was not authorized to issue a tax deed to the County. We affirm the district court's judgment upholding the tax deed and sale.

The essential facts of this case are as follows. In...

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