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TIDWELL v. BLAINE COUNTY

Docket No. 48799.

537 P.3d 1212 (2023)

Kiki Leslie A. TIDWELL, an individual; and The Madison Jean Tidwell Qualified Subchapter S Trust, a legal entity organized under the laws of the State of Idaho, Plaintiffs-Respondents Cross-Appellants v. BLAINE COUNTY, a political subdivision of the State of Idaho; Arch Community Housing Trust, Inc., an Idaho corporation; Blaine County Housing Authority, a public agency of the State of Idaho; and John Does 1-5, Defendants-Appellants Cross-Respondents.

Supreme Court of Idaho, Boise, August 2022 Term.

Rehearing Denied: November 16, 2023.

Attorney(s) appearing for the Case

Lawson Laski Clark, PLLC, Ketchum, and Blaine County Prosecuting Attorney, Hailey, attorneys for Appellants. Timothy Graves and Heather O'Leary argued.

Givens Pursley LLP, Boise, attorneys for Respondents. Gary Allen argued.

This appeal arises from a dispute over the meaning of the term "public use" in a deed. Kiki Leslie Tidwell ("Tidwell") and the Madison Jean Tidwell Trust (collectively "Plaintiffs") opposed an affordable housing project on land dedicated to Blaine County for public use. Plaintiffs contend the Final Plat contemplated the land...

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