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NEMETH v. SHOSHONE COUNTY

Docket No. 46118.

453 P.3d 844 (2019)

Peter NEMETH and Mary M. Nemeth, husband and wife, and as Co-Trustees of the Peter and Mary Nemeth Family Trust, dated April 28, 2009, Plaintiffs-Appellants, v. SHOSHONE COUNTY, a political subdivision of the State of Idaho acting through the Shoshone County Board of Commissioners, Mike Fitzgerald, Jay Huber, and John Hansen, Commissioners in their official capacities, Defendants-Respondents.

Supreme Court of Idaho, Boise, August 2019 Term.

Opinion filed: November 26, 2019.

Attorney(s) appearing for the Case

Lukins & Annis, PS, Coeur d'Alene, for Appellants. Mischelle Rae Fulgham argued.

Givens Pursley, LLP, Boise, for Respondents. Christopher H. Meyer argued.

This case concerns the extent of Idaho's jurisdiction to validate a right-of-way across federal lands—a recurring source of litigation throughout the West. Peter Nemeth and his wife Mary Nemeth (now deceased), and Peter Nemeth acting as trustee of the Peter and Mary Nemeth Family Trust (collectively, "the Nemeths"), petitioned...

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