Calkins v. City of Fruitland

This is an appeal from an order dismissing plaintiff-appellant’s complaint for failure to state a claim. We affirm. Plaintiff complained of alleged damages resulting in December of 1972 from the alleged failure of the defendant-respondent to properly operate its municipal water system. The complaint was filed on the 10th day of December 1974. The only question posed is whether the notice of claim requirements of I.C. § 50-219 and the Idaho Tort Claims Act, I.C. §§ 6-903, 906 and 908 require affirmance of the trial court’s order of dismissal.

Appellant’s principal argument, as expressed in its…