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DAY v. IDAHO TRANSP DEPT.

Docket No. 48898.

533 P.3d 1227 (2023)

Bennett G. DAY, also known as Ben Day, individually, and as Trustee of Trust B of the Donald M. Day and Marjorie D. Day Family Trust; John F. Day; Dan E. Day; The Ernest and Lois Day Living Trust; Holcomb Road Holdings, LLC, an Idaho limited liability company; Donna Day Jacobs; and David R. Day, Plaintiffs-Appellants-Cross Respondents, v. IDAHO TRANSPORTATION DEPARTMENT, Defendant-Respondent-Cross Appellant.

Supreme Court of Idaho, Boise, April 2023 Term.

Opinion filed: August 14, 2023.

Attorney(s) appearing for the Case

Parsons, Behle & Latimer, Boise, for Appellants-Cross Respondents. Jason Mau argued.

Raúl R. Labrador , Idaho Attorney General, Boise, and Holland & Hart, LLP, Boise, for Respondent-Cross Appellant Idaho Transportation Department. Mary York argued.

This appeal arises out of an inverse condemnation action and a breach of contract claim. It concerns access to real property near the Isaacs Canyon Interchange in Ada County. It is the Day family's second appeal to this Court. See Day as Trustee of Trust B of Donald M. Day and Marjorie D. Day Fam. Trust v. Transp. Dep't,

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