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INFANGER v. CITY OF SALMON

No. 25843.

44 P.3d 1100 (2002)

137 Idaho 45

Ray E. INFANGER and Vera S. Infanger, husband and wife, Plaintiffs-Appellants-Cross Respondents, v. The CITY OF SALMON, The City Council of the City of Salmon, Defendants-Respondents-Cross Appellants, and Charles E. Bender and Denise Bender, husband and wife, Defendants-Respondents.

Supreme Court of Idaho, Idaho Falls, May 2001 Term.

Rehearing Denied April 12, 2002.

Attorney(s) appearing for the Case

Jim Jones & Associates, Boise, for appellants. Jim Jones argued.

Holden, Kidwell, Hahn & Crapo, PLLC, Idaho Falls, for respondents-cross appellants City of Salmon. Dale W. Storer argued.

Milton A. Slavin, Salmon, for respondents Charles and Denise Bender.

EISMANN, Justice.

Ray and Vera Infanger appeal from summary judgment entered against them in their action challenging the vacation of a city street.

I. FACTS AND PROCEDURAL HISTORY

William Guth owned Lots 6 and 7 in Block 8 of the Shoup Subdivision in the City of Salmon, Idaho. On September 1, 1993, he sold Lots 6 and 7 to Simon and Susan Bowland (herein "Bowlands"), who executed a deed of trust to secure their payment of the purchase price. Lots...

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