Petersen v. State

McQUADE, Justice.

Plaintiffs-appellants, Mr. and Mrs. Kermit D. Petersen, filed a condemnation action in the district court, by which they sought to exercise eminent domain against the State of Idaho for a roadway to their property. The defendant-respondent, the State of Idaho, filed a motion to dismiss alleging-lack of jurisdiction in the district court to entertain such a suit. Stated more specifically, the respondent alleged that it had not and would not consent to such an ac- lion and that no authority existed which would permit such a suit against it.

The district court granted…