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NELSON v. CITY OF RUPERT

No. 21562.

911 P.2d 1111 (1996)

128 Idaho 199

Brittney NELSON, a minor, By and Through her natural parents and guardians, Val NELSON and Jacque Nelson; and Val Nelson and Jacque Nelson, husband and wife, individually, Plaintiffs-Appellants, v. CITY OF RUPERT, Defendant-Respondent.

Supreme Court of Idaho, Boise, November, 1995 Term.

February 15, 1996.

Attorney(s) appearing for the Case

Ling, Nielsen & Robinson, Rupert, for appellants. Brent T. Robinson argued.

Cantrill, Skinner, Sullivan & King, Boise, for respondent. Frank P. Kotyk argued.

SCHROEDER, Justice.

This is an appeal from a district court decision granting partial summary judgment in favor of respondent, the City of Rupert (the City), pursuant to section 36-1604 of the Idaho Code,1 commonly referred to as the "recreational use statute." On cross-appeal the City requests attorney fees.

I.

BACKGROUND AND PRIOR PROCEEDINGS

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