(Download) "Claude Bare v. Department Highways" by Supreme Court of Idaho No. 9566 " eBook PDF Kindle ePub Free

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Title: Claude Bare v. Department Highways
Author : Supreme Court of Idaho No. 9566
Release Date : January 23, 1965
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 62 KB

Description

Plaintiff (appellant) was the owner of a rectangular parcel of land on the north side of state highway No. 28, where it runs east and west through the village of Mud Lake (population 175) in Jefferson county. On this property plaintiff operated a repair shop, a service station, and a general store, with living quarters, all under one roof; and a small motel on the west end of the property. The gasoline pumps were located on a raised concrete ""island"" in front of the store and service station building. Between the gas pumps and the building was a driveway for the use of patrons of plaintiff's business. The island on which the pumps stood encroached upon the highway right-of-way three-tenths of a foot. Patrons also parked on the highway side of the pumps, on the highway right-of-way, while being served with gas from the pumps. Plaintiff had filled in the borrow pit in front of his premises for the convenience of motorists in passing from the traveled portion of the highway to his premises. Plaintiff had so conducted his business, and had so used the highway right-of-way from 1947 to 1960. In 1959 defendant (respondent) Department of Highways notified plaintiff, by mail and verbally through its district engineer, that he could no longer use the highway right-of-way for parking of his customers' vehicles while serving them gasoline from his pumps. Plaintiff ignored the notices. Defendant then placed delineators (short steel posts mounted with black and white ""targets"") on the highway in front of the pumps, to prevent access to the pumps on the highway side. The delineators were knocked down and destroyed. Defendant then placed a more permanent barricade on the highway in front of the pumps.