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WOOD v. CITY OF LEWISTON

No. 26591.

61 P.3d 575 (2002)

138 Idaho 218

Burton C. WOOD, a married man dealing with his sole and separate property, Doug Marsh and Lorna Marsh, husband and wife, Robert Curry, Bruce Sweeney Limited Partnership, and Seubert Excavators, Inc., a corporation, Plaintiffs-Appellants, v. CITY OF LEWISTON, Idaho, a municipal corporation, Defendant-Respondent.

Supreme Court of Idaho, Lewiston, October, 2002, Term.

December 27, 2002.

Attorney(s) appearing for the Case

Radakovich Law Office, Lewiston, for appellants. Danny J. Radakovich argued.

Don L. Roberts, City Attorney for the City of Lewiston, for respondent.

TROUT, Chief Justice.

Property owners within a Local Improvement District (LID) in Lewiston appeal from a district court order affirming the City Council's creation of the LID and modifying the Final Assessment Roll. This Court reverses in part and remands the case to the district court with instructions to (1) order appellant, the Sweeney Limited Partnership, to remain in the case and (2) remand the case to the City for reassessment.

I.

FACTUAL...

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