McCuskey v. Canyon County Commissioners

TROUT, Justice.

This is an inverse condemnation case in which Frank MeCuskey (McCuskey) and Fred Bell (Bell) claim a temporary taking by Canyon County as a result of the County’s refusal, through rescission of a building permit and issuance of a stop-work order, to allow McCuskey and Bell to construct a convenience store on their property. The County contends that MeCuskey and Bell’s action is time barred by I.C. § 5-224. We agree and affirm the district court’s order granting summary judgment in favor of Canyon County.

I

BACKGROUND

McCuskey acquired a parcel of land located in Canyon County in…