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McCUSKEY v. CANYON COUNTY COM'RS

No. 21602.

912 P.2d 100 (1996)

128 Idaho 213

Frank C. McCUSKEY, an individual, and Fred Bell, an individual, Plaintiffs-Appellants, v. CANYON COUNTY COMMISSIONERS and Canyon County, Defendants-Respondents.

Supreme Court of Idaho, Boise, December 1995 Term.

February 20, 1996.

Attorney(s) appearing for the Case

Kenneth F. White, Nampa, for appellants.

David L. Young, Canyon County Prosecuting Attorney; Charles L. Saari, Deputy Prosecuting Attorney (argued), Caldwell, for respondents.

TROUT, Justice.

This is an inverse condemnation case in which Frank McCuskey (McCuskey) and Fred Bell (Bell) claim a temporary taking by Canyon County as a result of the County's refusal, through rescission of a building permit and issuance of a stop-work order, to allow McCuskey and Bell to construct a convenience store on their property. The County contends that McCuskey and Bell's action is time barred by I.C. § 5...

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