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COX v. CITY OF SANDPOINT

No. 28111.

90 P.3d 352 (2003)

140 Idaho 127

Jacquita D. COX, a widow, and Allen G. Cox Family, LLC., an Idaho limited liability company, as Successor in interest to the Estate of Allen G. Cox, deceased, Plaintiffs-Appellants, v. CITY OF SANDPOINT, a municipal corporation, Defendant-Respondent.

Court of Appeals of Idaho.

November 12, 2003.

Attorney(s) appearing for the Case

Finney & Finney, Sandpoint, for appellant. John A. Finney argued.

Scott W. Reed, Coeur d'Alene, for respondent.

GUTIERREZ, Judge.

Jacquita D. Cox and Allen G. Cox Family, LLC. (Cox) sued the City of Sandpoint (the City) for rents due on a contract for the lease of land. The City filed a motion seeking dismissal based on Cox's failure to file a claim for damages pursuant to the Idaho Tort Claims Act (ITCA). After a hearing, the district court granted the motion and dismissed the action with prejudice. Cox appeals from this dismissal. We vacate and remand.

I.

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