Legg v. Barinaga

SMITH, Chief Justice.

Plaintiffs, as lessees of state land, originally brought this action against defendants, seeking to test the constitutionality of I.C. § 58-313, which permits a lessee of state land to hold the land after sale for a period of two years, from December 1st “next occurring after the date of sale.” Defendants answered generally, alleging the constitutionality of the statute. Such portion of the action was resolved by a summary judgment granted against plaintiffs on their complaint and upholding the constitutionality of I.C. § 58-313. No appeal was taken from the summary…