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ADA COUNTY HIGHWAY DIST. v. TSI

No. 32726.

179 P.3d 323 (2008)

ADA COUNTY HIGHWAY DISTRICT, a body politic corporate of the State of Idaho, Plaintiff-Respondent, v. TOTAL SUCCESS INVESTMENTS, LLC, an Idaho limited liability company and B & C Family Trust, Defendants-Appellants, and Home Federal Savings and Loan Association, a federally funded thrift; Idaho Independent Bank, an Idaho banking association; Boise City Msa Limited Partnership, d/b/a Verizon Wireless, a Delaware corporation; and/or John Does 1-10 as Tenants, Defendants. Home Federal Savings and Loan Association, a federally funded thrift, Cross-Claimant, v. Total Success Investments, LLC, an Idaho limited liability company, Cross-Defendant.

Supreme Court of Idaho, Boise, January 2008.

February 19, 2008.

Attorney(s) appearing for the Case

Neal & Uhl, PLLC., Boise, for appellants. Gary L. Neal argued.

Trout, Jones, Gledhill & Fuhrman, P.A. Boise, for respondents. Kimbell David Gourley argued.

BURDICK, Justice.

This case asks the Court to consider whether a highway district acquired a highway pursuant to I.C. § 40-202(3) and presents other issues including whether the highway district's quiet title action is barred by I.C. § 5-202, whether the acquisition is an unconstitutional taking, and whether the respondent was entitled to a jury trial on the ejectment claim. The district court held the highway district acquired the highway pursuant to I...

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