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McKAY v. BOISE PROJECT BD. OF CONTROL

No. 28660.

111 P.3d 148 (2005)

141 Idaho 463

L. Darwin McKAY and Patricia McKay, husband and wife, and The Turf Company, LLC, Plaintiffs-Respondents, v. BOISE PROJECT BOARD OF CONTROL, a/k/a Board of Control, Defendant Appellant.

Supreme Court of Idaho, Boise, November 2003 Term.

Rehearing Denied April 13, 2005.

Attorney(s) appearing for the Case

Moore, Baskin & Parker, Boise, for appellant. Paige A. Parker argued.

Westberg, McCabe & Collins; Bevis, Cameron & Johnson, Boise, for respondents. William D. Collins and James A. Bevis argued.

Norman M. Semanko, Boise, for Amicus Curiae Idaho Water Users Association.

SUBSTITUTE OPINION. THE COURT'S PRIOR OPINION DATED JULY 22, 2004, IS HEREBY WITHDRAWN.

BURDICK, Justice.

L. Darwin and Patricia McKay (McKay) and their company, the Turf Company, LLC, brought this action after incurring a crop loss resulting from the flooding of land in the Hubbard Reservoir basin. After a court trial on McKay's claims the district court awarded damages to McKay and issued a permanent injunction. This Court reverses the trial court's permanent...

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