EMINENT DOMAIN - IDAHO

Munden v. Bannock County

Supreme Court of Idaho, Boise, September 2021 Term - February 9, 2022 - P.3d - 2022 WL 386057

Landowners brought action against county asserting claims for declaratory relief and inverse condemnation concerning purported public road that landowners used as a private agricultural road, arising from county’s enactment of ordinance restricting winter usage of road to snowmobile use only.

The Sixth Judicial District Court entered ex parte temporary restraining order (TRO) prohibiting enforcement of ordinance, but later dissolved TRO, dismissed complaint, and awarded county attorney fees and costs. Landowners appealed.

The Supreme Court held that:



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