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DOE v. CITY OF ELK RIVER

No. 32543.

160 P.3d 1272 (2007)

Mother DOE, on her own behalf and on behalf of her minor daughter, Jane Doe; Guardian Roe, on her own behalf and on behalf of the minor John Roe, for whom she is legal guardian, Plaintiffs-Appellants, v. The CITY OF ELK RIVER, a municipal corporation, Defendant-Respondent.

Supreme Court of Idaho, Moscow, April 2007 Term.

May 9, 2007.

Attorney(s) appearing for the Case

Mabbutt & Mumford, Moscow, for appellants. Mark Mumford argued.

Clements, Brown & McNichols, Lewiston, for respondent. Sonyalee R. Nutsch argued.

SCHROEDER, Chief Justice.

This is an appeal from a grant of summary judgment for City of Elk River on a claim of attractive nuisance.

I.

FACTUAL AND PROCEDURAL BACKGROUND

The City of Elk River maintains an unlocked storage shed in the breezeway behind City Hall. Jane Doe ("Doe"), a five-year-old girl, and John Roe ("Roe"), an eight-year-old boy, lived nearby. On the morning of June 18, 2004, Doe and Roe entered the shed with fourteen-year...

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