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COBBLEY v. CITY OF CHALLIS

No. 28591.

59 P.3d 959 (2002)

138 Idaho 154

Stephen R. COBBLEY and Andrea L. Cobbley, husband and wife, Plaintiffs-Appellants, v. CITY OF CHALLIS, a governmental entity, Defendant-Respondent.

Supreme Court of Idaho, Pocatello, September 2002 Term.

November 1, 2002.

Attorney(s) appearing for the Case

Stephen R. Cobbley and Andrea L. Cobbley, Challis, pro se appellants, argued.

Anderson, Nelson, Hall, Smith, Idaho Falls for respondent. Joel E. Tingey, Idaho Falls, argued.

WALTERS, Justice.

This case involves the timeliness of a notice of claim under the Idaho Tort Claims Act ("ITCA"). The case comes before the Court following the district court's grant of summary judgment to the City of Challis. The district court dismissed the action on the ground that the Cobbleys had failed to timely file their claim for damages as required by the ITCA, Idaho Code section 6-906, within 180 days from the date of their alleged loss. We vacate the...

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