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PIONEER IRR. DIST. v. CITY OF CALDWELL

No. 37242.

288 P.3d 810 (2012)

PIONEER IRRIGATION DISTRICT, Plaintiff-Counterdefendant-Respondent, v. CITY OF CALDWELL, Defendant-Counterclaimant-Appellant.

Supreme Court of Idaho, Boise, December 2011 Term.

Rehearing Denied November 29, 2012.

Attorney(s) appearing for the Case

Hamilton, Michaelson & Hilty, LLP, Nampa, and Holland & Hart, LLP, Boise, for appellant. Eric Stidham argued.

Moffatt, Thomas, Barrett, Rock & Fields, Boise, for respondent. Brad Williams argued.

SUBSTITUTE OPINION, THE COURT'S PRIOR OPINION DATED APRIL 27, 2012 IS HEREBY WITHDRAWN

HORTON, Justice.

In 2008, Pioneer Irrigation District (Pioneer) filed suit against the City of Caldwell (the City), seeking declaratory and injunctive relief, as well as the removal of urban stormwater discharge conduits constructed by the City without Pioneer's authorization. The district court granted summary judgment in favor of Pioneer. The court held that Pioneer...

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