VIKING CONST. v. HAYDEN LAKE IRR. DIST.

No. 36231-2009.

233 P.3d 118 (2010)

VIKING CONSTRUCTION, INC., an Idaho corporation, Plaintiff-Appellant, v. HAYDEN LAKE IRRIGATION DISTRICT, an Idaho quasi-municipal corporation, Defendant-Respondent.

Supreme Court of Idaho, Moscow, April 2010 Term.

May 28, 2010.


Attorney(s) appearing for the Case

Scott L. Rose, Boise, for appellant.

James, Vernon & Weeks, P.A., Coeur d'Alene, for respondent. Susan P. Weeks argued.


EISMANN, Chief Justice.

This is an appeal from a summary judgment upholding an increase in a connection fee charged as an "equity buy-in" to hook up to a domestic water system in an irrigation district. Because there is a genuine issue of material fact as to whether the connection fee was calculated as the value of that portion of the system capacity that the new user will utilize at that point in time, we vacate the judgment and remand this case for further proceedings...

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