Gilbert v. City of Caldwell

WALTERS, Chief Judge.

Bill and Marie Gilbert of Caldwell granted an easement to the City of Caldwell to permit a new sewer main to cross their commercial property. They were not satisfied with the reconstruction of the site following installation. Nor were they satisfied with the damages awarded by the district court following trial. Their appeal raises the following issues: (1) whether the district court erred in finding the city was not bound by any promise to restore the Gilberts’ property to “as good or better” condition; (2) whether the district court’s finding that the Gilberts did not…