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ALBEE v. JUDY

No. 26122.

31 P.3d 248 (2001)

136 Idaho 226

John R. ALBEE and Phyllis A. Albee, individually and as trustees of the Albee Living Trust, Plaintiffs-Respondents-Cross Appellants, v. Steven A. JUDY, Mayor, Ron Edinger, Chris Copstead, Deanna Goodlander, Dixie Reid, Susan Servick, Nancy Sue Wallace, Council Members, The City of Coeur D'Alene, Defendants-Appellants-Cross Respondents.

Supreme Court of Idaho. Coeur D'Alene, April 2001 Term.

August 20, 2001.

Attorney(s) appearing for the Case

Quane, Smith, Coeur d'Alene, for appellants. Randall R. Adams argued.

Penland & Munther, Boise, for respondents. Forrest R. Goodrum argued.

TROUT, Chief Justice.

This is an appeal from the district court's grant of partial summary judgment in favor of John and Phyllis Albee ("the Albees"), obligating the City of Coeur d'Alene ("the City") to provide water service to their property, and grant of partial summary judgment in favor of the City dismissing the Albees' cause of action for violation of civil rights pursuant to 42 U.S.C. § 1983 and attorney's fees under 42 U.S.C. § 1988.

I....

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