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ADA COUNTY v. FUHRMAN

No. 29480.

91 P.3d 1134 (2004)

140 Idaho 230

ADA COUNTY, Plaintiff-Respondent, v. James A. FUHRMAN and Diane C. Fuhrman, Defendants-Appellants.

Supreme Court of Idaho, Boise, March 2004 Term.

May 21, 2004.

Attorney(s) appearing for the Case

John B. Todd, Boise, for Appellants.

Greg H. Bower, Ada County Prosecuting Attorney, Boise, for Respondent. Alexander C. Yewer argued.

TROUT, Chief Justice.

I. FACTUAL AND PROCEDURAL BACKGROUND

James and Diane Fuhrman (Fuhrmans) own eight acres of bare ground near Garden City in Ada County, Idaho. In 1997, the Fuhrmans advertised for fill dirt for the property and allowed fill dirt to be placed on it. The property includes a sloping embankment with Settler's irrigation canal at the top. The fill dirt was placed on the embankment, which now exceeds a 15% slope.

On June 22, 2001,...

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