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IDAHO DEPT. OF HEALTH v. SOUTHFORK LUMBER

No. 19802.

845 P.2d 564 (1993)

123 Idaho 146

IDAHO DEPARTMENT OF HEALTH AND WELFARE, Plaintiff-Appellant, v. SOUTHFORK LUMBER COMPANY and Russell J. Vessey and Freddie R. Vessey, individually, and d/b/a Southfork Lumber Company, Defendants-Respondents.

Supreme Court of Idaho, Lewiston, October 1992 Term.

January 29, 1993.

Attorney(s) appearing for the Case

Larry EchoHawk, Atty. Gen., John C. McCreedy, Deputy Atty. Gen. (argued), Boise, for plaintiff-appellant.

Robert E. Kinney, Orofino, for defendants-respondents.

TROUT, Justice.

I.

BACKGROUND AND PRIOR PROCEEDINGS

This action began as an effort by the appellant Department of Health and Welfare (Department) to regulate the construction and operation of a wigwam burner by respondent Southfork Lumber Company (Southfork). After those efforts were unsuccessful the Department brought suit against Southfork seeking injunctive relief, civil penalties and expenses pursuant to Title 39, Chapter 1 of the Idaho Code...

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