1. Home
  2. Browse Decisions
  3. P.2d
  4. 932 P.2d
  5. 932 P.2d 368 (1997)
 

JOHN W. BROWN PROPERTIES v. BLAINE COUNTY

No. 21461.

932 P.2d 368 (1997)

129 Idaho 740

The JOHN W. BROWN PROPERTIES a joint venture, composed of John W. Sweet, as the Managing Agent, Dorothea S. Dowd, Gary G. Hill, Elizabeth Luthy, John R. Sweet, Roy B. Dowd, Nancy Dowd Shortridge, William Dowd, Myron B. Dowd, Jr., and Sally D. Contero, Plaintiffs-Appellants, v. BLAINE COUNTY, State of Idaho, and the Board of County Commissioners of said County, said board Consisting of: Tom Blanchard, Rupert House, Leonard Harlig, and A.W. (William) Molyneux and Maxine Molyneux, husband and wife, and the Molyneux Family Partnership, composed of A.W. (William) Molyneux, and Maxine Molyneux, husband and wife, Clyde Leslie Molyneux and Connie D. Molyneux, husband and wife, and John Ivan Molyneux and Kristy Molyneux, husband and wife, and C.E. Molyneux and Ingaborg Molyneux, husband and wife, and X and Y Corporation, Defendants-Respondents.

Court of Appeals of Idaho.

February 5, 1997.

Attorney(s) appearing for the Case

James Annest, Burley, for plaintiffs-appellants.

Douglas A. Werth, Blaine County Prosecutor, Hailey, for defendant-respondent Blaine County.

Hogue, Speck & Aanestad, P.A., Ketchum, for defendants-respondents Clyde Leslie and Connie D. Molyneux. Terry G. Hogue argued.

LANSING, Judge.

In this action the plaintiff sought a declaration that a road connecting its property to a highway is a public roadway. The district court granted the defendants' motion for summary judgment. This appeal requires that we decide whether the district court incorrectly refused to consider a legal theory which the plaintiff contends was raised in its complaint but which the court determined was not pleaded. We conclude that the complaint was sufficient...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases