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S. GRIFFIN CONST., INC. v. CITY OF LEWISTON

No. 25554.

16 P.3d 278 (2000)

135 Idaho 181

S. GRIFFIN CONSTRUCTION, INC. and Sean G. Phillips, Plaintiffs-Appellants, v. CITY OF LEWISTON, and its employees, Charles Borcich, Building Inspector, and Bud Van Stone, Public Works Director; City of Lewiston Fire Department, and its employees, Thomas Tomberg, Fire Chief, Dave Oglesbee, Fire Marshall; A & R Construction, Inc.; William F. Albright, doing business as M.L. Albright & Sons, a sole proprietorship; and Peter Bowling, Defendants-Respondents.

Supreme Court of Idaho. Lewiston, October 2000 Term.

December 22, 2000.

Attorney(s) appearing for the Case

Landeck, Westberg, Judge & Graham, P.A., Moscow, for appellants. Ronald J. Landeck argued.

Don L. Roberts, Lewiston City Attorney; Clements, Brown & McNichols, P.A., Lewiston; Paine, Hamblen, Coffin, Brooke & Miller, LLP, Spokane and Coeur d'Alene, for respondents.

Don L. Roberts argued for respondent, City of Lewiston; Peter C. Erbland argued for respondent, A & R Construction.

KIDWELL, Justice

Plaintiff-Appellant Griffin appeals from the district court's grant of summary judgment: 1) dismissing defendant A & R, the wrecking ball operator, from the case; 2) determining that an emergency had properly been declared by the City of Lewiston under the State Disaster Preparedness Act; and 3) construing the Disaster Preparedness Act to provide immunity to all respondents for a period of seven days....

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