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LAUGHY v. IDAHO DEPT. OF TRANSP.

Nos. 37985, 37994.

243 P.3d 1055 (2010)

Linwood LAUGHY, Karen Hendrickson, and Peter Grubb, Plaintiffs-Respondents, v. IDAHO DEPARTMENT OF TRANSPORTATION, Defendant-Appellant, and ConocoPhillips Company, Intervenor-Appellant.

Supreme Court of Idaho. Boise, October 2010 Term.

November 1, 2010.

Attorney(s) appearing for the Case

Hon. Lawrence G. Wasden , Attorney General, Boise, for appellant. Lawrence Allen argued.

Holland & Hart, LLP, Boise, for intervenor/appellant. Erik Stidham argued.

Advocates for the West, Boise, for respondents. Laurence J. Lucas argued.

W. JONES, Justice.

I. NATURE OF THE CASE

The Idaho Transportation Department ("ITD") granted permits to ConocoPhillips Company ("ConocoPhillips") to transport oversize loads of refinery equipment down U.S. Highway 12 in northern Idaho. The ITD and ConocoPhillips appeal the district court's decision to reverse these permits.

II. FACTUAL AND PROCEDURAL BACKGROUND

ConocoPhillips purchased two coke drums to replace worn out components at its...

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