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WORLEY HIGHWAY DIST. v. YACHT CLUB

No. 17178.

775 P.2d 111 (1989)

116 Idaho 219

WORLEY HIGHWAY DISTRICT, a political subdivision of the state of Idaho, Third Party Plaintiff/Appellant, v. YACHT CLUB OF COEUR D'ALENE, LTD., a partnership, Third Party Defendant/Respondent.

Supreme Court of Idaho.

Rehearing Denied July 11, 1989.

Attorney(s) appearing for the Case

Craig R. Wise, Coeur d'Alene, for third party plaintiff/appellant.

Nixon, Nixon, Lyons & Bell, Coeur d'Alene, for third party defendant/respondent. John T. Mitchell argued.

BENGTSON, District Judge Pro Tem.

Kootenai County commenced this action against respondent Yacht Club (hereinafter the "Yacht Club") by the filing of a complaint for injunctive relief. An amended complaint was later filed alleging that a sixty foot road which "runs through" Lots 5 and 6, Section 14, T. 50 N., R W.B.M., in Kootenai County, Idaho, was dedicated to the public by a plat filed prior to the issuance of a patent...

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