Ada County Highway District v. Total Success Investment, LLC

BURDICK, Justice.

This case asks the Court to consider whether a highway district acquired a highway pursuant to I.C. § 40-202(3) and presents other issues including whether the highway district’s quiet title action is barred by I.C. § 5-202, whether the acquisition is an unconstitutional taking, and whether the respondent was entitled to a jury trial on the ejectment claim. The district court held the highway district acquired the highway pursuant to I.C. § 40-202(3). We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

The dispute involves an alley located between 35th and 36th Streets, which…