Legal Opinion

Nicolaus v. Bodine

Idaho Supreme Court

Decided December 12, 1968No. 10226PublishedCited by 8 opinions

1Opinion of the Court

SPEAR, Justice.

The issue presented is whether a Road District is obligated to repair an unsafe bridge within its jurisdiction when said bridge has not been properly abandoned. Our conclusion is that the bridge must be repaired.

This is a class action by plaintiffs, residents of the south side of the Spokane River in the Post Falls Road District. The defendants are commissioners of the district. On September 5, 1967, a written petition was presented to the defendants, pursuant to I.C. § 40-803, requesting repairs on the Greens Ferry bridge. On September 11, 1967 the defendants voted to close…

2Cases cited10 opinions

  1. County Commissioners v. ChandlerSupreme Court of the United States · 1878
  2. American Construction Co. v. SeiligTexas Supreme Court · 1911
  3. In Re Shafter-Wasco Irr. Dist.California Court of Appeal · 1942
  4. Florek v. Sparks Flying Service, Inc.Idaho Supreme Court · 1961
  5. St. Louis Southwestern Ry. Co. of Texas v. Naples Independent School Dist.Court of Appeals of Texas · 1930

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3Cited by8 opinions

  1. Farrell v. Board of Com'rs, Lemhi CountyIdaho Supreme Court · 2002
  2. Floyd v. BOARD OF COM'RS BONNEVILLE COUNTYIdaho Supreme Court · 2002
  3. Coeur D'Alene Lakeshore Owners & Taxpayers, Inc. v. Kootenai CountyIdaho Supreme Court · 1983
  4. John W. Brown Properties v. Blaine CountyIdaho Supreme Court · 2002
  5. Christensen Motor Sales, Inc. v. American Motor Sales, Inc.Idaho Supreme Court · 1985

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