Killinger v. Twin Falls Highway District

SILAK, Justice.

Appellants G. Carter Killinger and Donna E. Killinger (the Killingers) appeal from an order granting summary judgment and dismissing their inverse condemnation claim against respondents Twin Falls Highway District (the District) and the Idaho Transportation Department (ITD). We affirm the summary judgment, in part, but vacate in part and remand the case for further proceedings.

I

FACTS AND PROCEDURAL BACKGROUND

A. Facts

The Killingers own lots 10 through 20 of Block 3 of the Clear Brook Acres Subdivision, where the Killingers operate the Highway 30 Garage. The subdivision plat was…