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PADDISON SCENIC PROPERTIES v. IDAHO COUNTY

No. 38154.

278 P.3d 403 (2012)

PADDISON SCENIC PROPERTIES, FAMILY TRUST, L.C., Plaintiff-Appellant, v. IDAHO COUNTY, a political subdivision of the State of Idaho; Kidder-Harris Highway District, a body politic and corporate of the State of Idaho, Defendants-Respondents.

Supreme Court of Idaho, Lewiston, May 2012 Term.

May 25, 2012.

Attorney(s) appearing for the Case

Magyar, Rauch & Thie, PLLC, Moscow, and David R. Paddison , Covington, Louisiana, for appellant. David R. Paddison argued.

Sherer & Wynkoop, LLP, Meridian, for respondent Kidder-Harris Highway District. David E. Wynkoop argued.

Kirk A. MacGregor , Idaho County Prosecuting Attorney, Grangeville, for respondent Idaho County.

J. JONES, Justice.

This case involves the ownership status of Coolwater Ridge Road in Idaho County. The predecessors in interest of appellant Paddison Scenic Properties, Family Trust, L.C. (Paddison) granted rights of way to the United States of America for a road, which became Coolwater Ridge Road. In the district court, Paddison sought a declaratory judgment that the rights of way do not constitute a public road or highway under Idaho law. That court held that the...

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