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CITY OF COEUR D'ALENE v. SIMPSON

No. 29299.

136 P.3d 310 (2006)

142 Idaho 839

The CITY OF COEUR D'ALENE, an Idaho Municipal Corporation, Plaintiff-Counterdefendant-Respondent, v. Jack W. SIMPSON and Virginia S. Simpson; and Beach Brothers, Inc., an Idaho corporation, Defendants-Counterplaintiffs-Appellants.

Supreme Court of Idaho, Coeur d'Alene, October 2005 Term.

April 27, 2006.

Attorney(s) appearing for the Case

John F. Magnuson, Coeur d'Alene; Runft Law Offices, PLLC, Boise, Idaho, for appellants. John F. Magnuson argued.

Quane, Smith, Coeur d'Alene, for respondents. Michael L. Haman argued.

SUBSTITUTION OPINION.

THE COURT'S PRIOR OPINION DATED FEBRUARY 8, 2005, IS HEREBY WITHDRAWN.

JONES, Justice.

The Fifth Amendment to the United States Constitution, made applicable to the states via the Fourteenth Amendment, provides that "private property [shall not] be taken for public use, without just compensation." Appellant Beach Brothers, Inc. alleges just such a thing happened to its lakefront property on Lake Coeur d'Alene. The district...

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