State Ex Rel. Burns v. Kelly

McFADDEN, Justice.

This action was instituted by the State' of Idaho, through the Idaho Board of' Highway Directors and State Highway Engineer respondents herein, for injunctive relief to compel removal of a certain sign ei ected and maintained by defendant Kelly, on land claimed by the State as a state highway right-of-way. Defendant James P. Kelly, appellant herein, contested issuance of the injunction, claiming that he was the owner of the fee on which the sign was erected, with the right of use of the ground involved.

A show cause order issued on the basis of the State’s verified complaint;…