ROCKY MOUNTAIN POWER v. JENSEN

No. 37998.

300 P.3d 1037 (2012)

ROCKY MOUNTAIN POWER, a division of PacifiCorp, an Oregon corporation, Plaintiff-Respondent, v. Stanley K. JENSEN and Catherine C. Jensen, as trustees of the Stanley and Catherine Jensen Family Living Trust, Defendants-Appellants, and Stewart A. Jensen; Brian D. Pearson; and John Does 1-20, Defendants.

Supreme Court of Idaho, Boise, December 2011 Term.

January 26, 2012.


Attorney(s) appearing for the Case

Adam J. McKenzie , Preston, for appellants.

Van Cott , Bagley, Cornwall & McCarthy, Salt Lake City, Utah and Franklin N. Smith, Jr. , Idaho Falls, for respondents. Stephen K. Christiansen argued.


W. JONES, Justice.

I. NATURE OF THE CASE

Stanley and Catherine Jensen ("the Jensens"), as trustees of the Stanley and Catherine Jensen Family Living Trust, appeal the district court's decision granting Rocky Mountain Power's Motion for Summary Judgment. In granting summary judgment in the context of an eminent domain action, the district court held that the Jensens did not offer competent evidence to establish that there was a genuine issue of material fact...

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