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VICKERS v. LOWE

No. 36619.

247 P.3d 666 (2011)

Kirby VICKERS, Petitioner-Appellant, v. Pamela K. LOWE, P.E., in her capacity as director of the Idaho Transportation Department, and The Idaho Department of Transportation, Respondents.

Supreme Court of Idaho, Boise, December 2010 Term.

February 8, 2011.

Attorney(s) appearing for the Case

Capital Law Group, Boise, for appellant. Tom Arkoosh argued.

Hon. Lawrence G. Wasden , Idaho Attorney General, Boise, for respondents. Chris Kronberg argued.

W. JONES, Justice.

I. NATURE OF THE CASE

Kirby Vickers challenges the Idaho Transportation Department's (ITD) decision to grant his neighbor, Dr. Edward Savala, a permit to expand an encroachment onto Highway 55. This permit is conditioned on Dr. Savala implementing certain additional safety features. Vickers claims that the ITD is not authorized to issue conditional-encroachment permits and that the new approach would impermissibly degrade highway safety...

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