Boise City Ex Rel. Amyx v. Fails

McFADDEN, Justice.

Plaintiff Boise City instituted this action against Mabel C. Fails, defendant, who was the record owner of the property involved herein, and also against Charles R. Parks and his wife, Joan E. Parks, contract purchasers of the Fails property. The city sought by the action to enjoin the respondents from encroaching on and obstructing Illinois street (formerly designated as Ash street). Summary judgments were sought by both the appellant city and also by the respondents. Summary judgment was entered for respondents from which judgment the city appealed.

The facts are virtually…