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KILLINGER v. TWIN FALLS HIGHWAY DIST.

No. 25508.

17 P.3d 266 (2000)

135 Idaho 322

G. Carter KILLINGER, Jr. Donna E. Killinger, dba Highway 30 Garage, Plaintiffs-Appellants, v. TWIN FALLS HIGHWAY DISTRICT; and Idaho Transportation Department, Defendants-Respondents, and Dave Burgess, Director; Kenneth Thaete, Chairman; Arthur R. Bailey, Doug Howard, Commissioners; Dwight Bower, Director; Monte Fiala, Administrator; Leon Smith, Mike Mitchell, John Combo, Monte McClure, Charles Winder, Neil Miller, John McHugh, Board Members; Jim Ross, Chief Engineer; Scott Malone, Assistant Engineer; John Wanamaker, Road Engineer; Marylyn Johnson, Supervisor; and John and Jane Doe, one (1) through ten (10), each in their individual capacities, Defendants.

Supreme Court of Idaho, Twin Falls, March 2000 Term.

Rehearing Denied January 12, 2001.

Attorney(s) appearing for the Case

Rolig Peterson, Twin Falls, for appellant. Jeffrey E. Rolig argued.

Hon. Alan G. Lance, Attorney General; Steven M. Parry, Deputy Attorney General, Boise, for respondent. Steven M. Parry argued.

SILAK, Justice.

Appellants G. Carter Killinger and Donna E. Killinger (the Killingers) appeal from an order granting summary judgment and dismissing their inverse condemnation claim against respondents Twin Falls Highway District (the District) and the Idaho Transportation Department (ITD). We affirm the summary judgment, in part, but vacate in part and remand the case for further proceedings.

I.

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