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KMST, LLC v. COUNTY OF ADA

No. 28055.

67 P.3d 56 (2003)

138 Idaho 577

KMST, LLC., an Idaho limited liability company, Plaintiff-Appellant, v. COUNTY OF ADA, a political subdivision of the State of Idaho, Defendant, and Ada County Highway District, a body politic corporate of the State of Idaho, Defendant-Respondent.

Supreme Court of Idaho, Boise, February 2003 Term.

April 2, 2003.

Attorney(s) appearing for the Case

Davison, Copple, Copple & Copple, Boise, for appellant. Heather A. Cunningham argued.

Holland & Hart, Boise, for respondent. Steven C. Bowman argued.

EISMANN, Justice.

This is an appeal alleging that the requirements that a developer construct a public street and pay impact fees constituted an unconstitutional taking of the developer's property. The district court entered judgment for the respondent, holding that the requirement to construct a street was not an unconstitutional taking and that the impact fees were properly calculated. We affirm the judgment of the district court on different grounds, holding that...

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