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WADSWORTH v. DEPARTMENT OF TRANSP.

No. 21518.

915 P.2d 1 (1996)

128 Idaho 439

R. Keith Higginson, Director, Idaho Department of Water Resources, Plaintiff-Counterdefendant, v. Jay O. WADSWORTH, an individual, Defendant-Counterclaimant-Third Party Plaintiff-Appellant, v. The State of Idaho, ex rel, the Department of Water Resources; R. Keith Higginson, in his individual capacity, as a Director of the Department of Water Resources, Counterdefendants, and Ron Carlson, as an individual, and in his capacity of Watermaster of District No. 1, a subdivision of The State of Idaho; Charles Mullins, an individual, and in his capacity as Stream Channel Protection Specialist for the Department of Water Resources of the State of Idaho, Third Party Defendants, and unknown named members of the Board of the Department of Highways, now the DEPARTMENT OF TRANSPORTATION of the State of Idaho, Third Party Defendants-Respondents.

Supreme Court of Idaho, Idaho Falls.

Rehearing Denied May 13, 1996.

Attorney(s) appearing for the Case

James Annest, Burley, for appellant.

Alan G. Lance, Attorney General; George M. Parham, Patrick Fanning, Steven M. Parry, Deputy Attorneys General; Robert L. Trabert, Chief Legal Counsel; Boise, for respondents. George M. Parham, argued.

SCHROEDER, Justice.

This is an appeal from a district court decision granting summary judgment to the respondent, the Department of Transportation of the State of Idaho, and denying relief to the appellant, Jay O. Wadsworth. Wadsworth pled a claim for inverse condemnation, asserting a taking of his property without the commencement of condemnation proceedings. The district court held that Wadsworth's cause of action is barred...

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