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HARRIS v. STATE EX REL. KEMPTHORNE

No. 34570.

210 P.3d 86 (2009)

Douglas V. HARRIS and Sharon K. Harris, husband and wife, dba Harris Ranch, Plaintiffs-Counterdefendants-Appellants, v. STATE of Idaho, ex rel. Dirk KEMPTHORNE, Governor; Ben Ysursa, Secretary of State; Lawrence G. Wasden, Attorney General; Keith L. Johnson, State Controller, and Dr. Marilyn Howard, Superintendent of Public Instruction, as the State Board of Land Commissioners; and the Idaho Department of Lands; and Winston Wiggins, Director of the Department of Lands, Defendants-Counterclaimants-Respondents.

Supreme Court of Idaho, Boise, May 2009 Term.

June 3, 2009.

Attorney(s) appearing for the Case

Mary K. Denton, Meridian; Perkins Coie, LLP, Boise, for appellants. Mary K. Denton argued.

Hon. Lawrence G. Wasden, Attorney General, Boise, for respondent. James D. Carlson, Deputy Attorney General, argued.

BURDICK, Justice.

Appellants Douglas and Sharon Harris (the Harrises) commenced this action to quiet title to the sand and gravel on a parcel of real property they own, as well as to recover mesne profits and damages for inverse condemnation. The district court quieted title to the property in the Harrises. However, the court denied the Harrises mesne profits and damages, finding that the Harrises were barred from recovering under the statute of limitations and had...

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