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CITY OF McCALL v. SEUBERT

No. 31191.

130 P.3d 1118 (2006)

142 Idaho 580

CITY OF McCALL, an Idaho municipal corporation, Plaintiff-Appellant-Cross Respondent, v. J.P. SEUBERT and Cherie Seubert, husband and wife, Defendants-Respondents-Cross Appellants, and Clearwater Concrete, Inc., Valley Paving & Asphalt, Inc., and Seubert Excavators, Inc., Intervenors-Respondents-Cross Appellants.

Supreme Court of Idaho, Boise, December 2005 Term.

February 24, 2006.

Attorney(s) appearing for the Case

William A. McCurdy, Boise, for appellant.

Millemann Pittenger McMahan & Pemberton, LLP, McCall, for respondents. Steven J. Millemann argued.

TROUT, Justice.

The City of McCall (City) appeals from a trial court judgment entered in accordance with a jury verdict in an eminent domain proceeding, awarding taking and severance damages to the property owners, J.P. Seubert1 and Cherie Seubert (Seubert), and business damages to Clearwater Concrete, Inc. (Clearwater) and Valley Paving & Asphalt, Inc. (Valley), two businesses located on the Seubert property.

I.

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