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STATE, DEPT. OF TRANSP. v. HJ GRATHOL

No. 38511.

278 P.3d 957 (2012)

STATE of Idaho, DEPARTMENT OF TRANSPORTATION, Plaintiff-Respondent, v. HJ GRATHOL, a California general partnership, Defendant-Appellant, and Sterling Savings Bank, a Washington corporation; and Does 1 through 5, Defendants.

Supreme Court of Idaho, Coeur d'Alene, May 2012 Term.

June 1, 2012.

Attorney(s) appearing for the Case

Ramsden & Lyons, LLP, Coeur d'Alene, for Appellant. Christopher D. Gabbert argued.

Holland & Hart, Boise, for Respondent. Mary V. York argued.

W. JONES, Justice.

I. NATURE OF THE CASE

HJ Grathol ("Grathol") is a California general partnership that owns real estate in Kootenai County, Idaho. Grathol purchased a parcel for commercial real estate development, which is located at or near the northeast corner of U.S. Highway 95 and State Highway 54 in Kootenai County (hereinafter referred to as "Grathol's parcel" or "the parcel"). The Idaho Transportation Board ("the Board") later sought to condemn...

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