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TREASURE VALLEY CONCRETE, INC. v. STATE

No. 23955.

978 P.2d 233 (1999)

132 Idaho 673

TREASURE VALLEY CONCRETE, INC., an Idaho corporation, Plaintiff-Counter-defendant-Respondent-Cross Appellant, v. STATE of Idaho; State Board of Land Commissioners by and through Phil E. Batt, Governor; Pete T. Cenarrusa, Secretary of State; Alan G. Lance, Attorney General; J.D. Williams, State Controller; and Anne Fox, Superintendent of Public Instructions; and Idaho Department of Lands by and through Stanley Hamilton, Director, Defendants-Counterclaimants-Appellants-Cross Respondents. Idaho Power Co., an Idaho Public Utility, Plaintiff-Respondent-Cross Appellant, v. State of Idaho; State Board of Land Commissioners by and through Phil E. Batt, Governor; Pete T. Cenarrusa, Secretary of State; Alan G. Lance, Attorney General; J.D. Williams, State Controller; and Anne Fox, Superintendent of Public Instructions; and Idaho Department of Lands by and through Stanley Hamilton, Director, Defendants-Appellants-Cross Respondents.

Supreme Court of Idaho, Boise, December 1998 Term.

April 30, 1999.

Attorney(s) appearing for the Case

Hon. Alan G. Lance, Attorney General; William S. Whelan, Deputy Attorney General, Boise, for appellants. William S. Whelan argued.

Mary K. Denton, Meridian, for respondent.

SILAK, Justice.

This is an appeal from a judgment and decree quieting title to real property in favor of respondents Treasure Valley Concrete, Inc. (TVC) and Idaho Power Company (IPCO). This case involves a dispute over whether sand and gravel constitute "minerals" within the meaning of section 47-701 of the Idaho Code, thereby giving the appellant State of Idaho (State) an ownership interest in the sand and gravel located on the land at issue. We affirm the district...

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