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LOCHSA FALLS, L.L.C. v. STATE

No. 34039.

207 P.3d 963 (2009)

LOCHSA FALLS, L.L.C., an Idaho limited liability company, Plaintiff-Appellant, v. STATE of Idaho, Idaho Transportation Board, Defendant-Respondent.

Supreme Court of Idaho, Boise, May 2008 Term.

Rehearing Denied May 21, 2009.

Attorney(s) appearing for the Case

Wilson & McColl, Boise, for appellant. Lisa Rasmussen argued.

Hon. Lawrence G. Wasden, Attorney General, Boise, for respondent. Steven Parry argued.

HORTON, Justice.

This is an appeal by Lochsa Falls, L.L.C. (Lochsa Falls), a developer, from an order of the district court dismissing its complaint against the Idaho Transportation Department (ITD) and the Board of ITD for failure to exhaust administrative remedies. Because we find that no administrative remedies were available in the instant case, we vacate the judgment dismissing Lochsa Falls' complaint and remand for further proceedings consistent with this opinion...

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