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GOODMAN OIL CO. v. SCOTTY'S DURO-BILT GENERATOR

No. 34797.

226 P.3d 530 (2010)

GOODMAN OIL COMPANY, Appellant, v. SCOTTY'S DURO-BILT GENERATOR, INC., an Idaho corporation; Bart and Alane McKnight, husband and wife; Respondents.

Supreme Court of Idaho, Boise, December 2009 Term.

February 3, 2010.

Attorney(s) appearing for the Case

Runft & Steele Law Offices, PLLC, Boise, for appellants. John Steele argued.

Moore Smith Buxton & Turcke, Chtd, Boise, for respondents. Carl J. Withroe argued.

W. JONES, Justice.

FACTS AND PROCEDURAL HISTORY

On August 2, 1995, one of the Respondents, Bart McKnight, on behalf of Scotty's Duro-Built Generator, Inc., entered into a Property Owner Street Vacation Agreement (Vacation Agreement) with Appellant, Goodman Oil Company, and two other parties. In the Vacation Agreement, the parties consented to the vacation of a portion of First Avenue South by the City of Nampa, Idaho. The Vacation Agreement also stipulated...

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