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BIG LOST RIVER IRRIGATION DISTRICT v. ZOLLINGER

No. 8920.

363 P.2d 706 (1961)

BIG LOST RIVER IRRIGATION DISTRICT, Plaintiff-Appellant, v. David Leland ZOLLINGER and Mrs. David Leland Zollinger, his wife, Defendants-Respondents.

Supreme Court of Idaho.

July 10, 1961.

Attorney(s) appearing for the Case

Robert M. Kerr, Jr., Blackfoot, George L. Barnard, Idaho Falls, for appellant.

Anderson, Kaufman & Anderson, Boise, for respondents.

SMITH, Justice.

This is an eminent domain action commenced by appellant irrigation district, hereinafter called the district, to condemn an easement upon and over respondents' land for public use as a reservoir for storage of water for irrigation purposes. The trial court made a determination in favor of the district on the issue of public convenience and necessity and the district's entitlement to the easement, and entered...

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