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GALVIN v. CANYON HIGHWAY DIST. NO. 4

No. 25346.

6 P.3d 826 (2000)

134 Idaho 576

In the Matter of the Public Right-Of-Way Validation and Order Resolution No. 95-12-2, Canyon Highway District No. 4, Canyon County, State of Idaho. Martin GALVIN and Pat Galvin, husband and wife, Petitioners-Appellants, v. CANYON HIGHWAY DISTRICT NO. 4, Respondent.

Supreme Court of Idaho. Boise, February 2000 Term.

July 19, 2000.

Attorney(s) appearing for the Case

Wiebe & Fouser, Caldwell, for appellants. Thomas A. Sullivan argued.

White, Peterson, Pruss, Morrow & Gigray, P.A., Nampa, for respondent. Christopher S. Nye argued.

WALTERS, Justice.

This is an appeal from a district court decision affirming the Canyon Highway District's decision to validate a public right-of-way. We vacate the highway district's validation order and remand the case to the highway district's Board of Commissioners for further proceedings.

BACKGROUND AND PRIOR PROCEEDINGS

The public right-of-way at issue in this case is a portion of Old Middleton Road that provides the only access to three or...

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