Udell v. Idaho State Board of Land Commissioners ex rel. Idaho Attorney General

This is an appeal from an order of the district court dismissing an action for injunctive relief and for recovery of damages against the State Board of Land Commissioners. We affirm.

Neil and Maureen Udell own property on the top of Mica Peak, a mountain in Kootenai County, Idaho. They earn income from leasing space on the site to various businesses for the purpose of transmitting electronic communications. The State of Idaho also owns a small portion of the land on Mica Peak, and likewise has leased its property to a third party for use as a communication site. The State’s lease is for an…