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HENRICKSON v. NAMPA HIGHWAY DIST.

No. 29134.

85 P.3d 653 (2004)

139 Idaho 677

Terry HENRICKSON and Kathy Henrickson, husband and wife; Dennis Simpson and Becky Simpson, husband and wife; J.D. Simpson and Mary Simpson, husband and wife, Plaintiffs-Respondents, v. NAMPA HIGHWAY DISTRICT, Defendant-Appellant.

Supreme Court of Idaho, Boise, January 2004 Term.

February 6, 2004.

Attorney(s) appearing for the Case

Gigray, Miller & Downen, Caldwell, for appellant. Wm. F. Gigray, Jr., argued.

Kenneth F. White, Nampa, for respondent. Kenneth F. White argued.

EISMANN, Justice.

This is an appeal from the judgment of the district court enjoining the highway district from relocating a public road onto property owned by the respondents. The district court found that the surveys upon which the highway district relied were not accurate. We affirm the judgment of the district court.

I. FACTS AND PROCEDURAL HISTORY

In 1906 the Canyon County Commissioners granted the respondent Nampa Highway District (Highway...

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