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BARTH v. CANYON COUNTY

No. 21892.

918 P.2d 576 (1996)

128 Idaho 707

Steven G. BARTH, Plaintiff-Respondent-Cross Appellant, v. CANYON COUNTY, Defendant-Appellant-Cross Respondent.

Supreme Court of Idaho, Boise, February 1996 Term.

May 23, 1996.

Attorney(s) appearing for the Case

Moore, Baskin & Parker, Boise, for appellant. Michael W. Moore argued.

William B. Latta, Jr., Boise, for respondent.

JOHNSON, Justice.

This is a wage claim case which also involves issues of state constitutional law. We conclude:

1. A sheriff's deputy may not recover additional wages against the county based on quantum meruit for a position not authorized by the county commissioners. 2. Once the county commissioners have empowered a sheriff to appoint a deputy, the commissioners may not limit the sheriff's authority in appointing the deputy. 3. An award...

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