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LINGNAW v. LUMPKIN

Docket No. 47098.

474 P.3d 274 (2020)

Derrick Richard LINGNAW, Plaintiff-Appellant, v. Stuart LUMPKIN, in his official Capacity as Sheriff of Custer County, Defendant-Respondent. and City of Challis, an Idaho municipal corporation; Challis Joint School District No. 181, Defendants.

Supreme Court of Idaho, Boise, September 2020 Term.

Opinion Filed: October 8, 2020.

Attorney(s) appearing for the Case

Fuller Law Offices, Twin Falls , attorneys for Appellant. Daniel Brown argued.

Custer County Prosecuting Attorney, Challis, attorneys for Respondent. Justin Oleson argued.

Appellant Derrick Lingnaw, a registered sex offender, sought declaratory relief from the district court asking whether he could legally reside on his property. The district court declared Lingnaw's residence is within five hundred feet of property on which a school is located, as that term is used in Idaho Code section 18-8329(

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