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FLOYD v. BOARD OF COM'RS

Nos. 22945, 23019.

953 P.2d 984 (1998)

131 Idaho 234

John FLOYD, Leon Dance, Mindy Jo Collier f/b/o Mindy Jo Collier Trust, Plaintiffs-Respondents, v. BOARD OF COMMISSIONERS OF BONNEVILLE COUNTY, Idaho, Governing Body of a Political Subdivision of the State of Idaho, Defendant-Appellant. and State of Idaho Department of Fish and Game, Intervenor-Appellant.

Supreme Court of Idaho, Boise, January 1998 Term.

March 20, 1998.

Attorney(s) appearing for the Case

McGrath, Marotz & Smith, Idaho Falls, for appellant Board of Commissioners of Bonneville County. Stephen J. McGrath argued.

Alan G. Lance, Attorney General, William S. Whelan, Deputy Attorney General, Boise, for appellant State of Idaho Department of Fish and Game. William S. Whelan argued.

Milleman, Pittenger & McMahan, McCall, for respondents. Steven J. Milleman argued.

SILAK, Justice.

This is an appeal from a decision by the district court quieting title in favor of the respondent property owners in a road that traverses their property. The district court's decision reversed the decision of a validation hearing conducted by the Board of Commissioners of Bonneville County (Commissioners) which held that the road was a public road. The Commissioners and the State of Idaho Department of Fish and Game appeal, alleging, among other things...

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