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MARTY v. STATE

No. 19347.

838 P.2d 1384 (1992)

122 Idaho 766

Joe MARTY and Ella M. Marty, Husband and Wife, Paul Gunderson and Deoine Gunderson, Husband and Wife, and Carl W. Lundholm and Gladys I. Lundholm, Husband and Wife, Plaintiff-Appellants, v. STATE of Idaho, a Body Politic, Water District No. 31 and Flood Control District No. 5, Defendant-Respondents.

Supreme Court of Idaho, Idaho Falls, May 1992 Term.

Rehearing Denied November 5, 1992.

Attorney(s) appearing for the Case

Ling, Nielsen & Robinson, Rupert, for plaintiff-appellants. Brent C. Tingey, argued.

Larry EchoHawk, Atty. Gen., Boise, Curt M. Thomsen, Deputy Atty. Gen., argued, Idaho Falls, for defendant-respondents.

BAKES, Chief Justice.

This is the second appeal in this case involving the flooding of appellant's land in the Mud Lake area during 1984 and 1985. At issue is whether certain actions taken by the Idaho Department of Water Resources, Water District No. 31 and Flood Control District No. 5 amounted to a "taking" under Article 1, § 14, of the Idaho Constitution, entitling appellants to a claim for inverse condemnation. The trial court granted summary judgment in...

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