Marty v. State

BAKES, Chief Justice.

This is the second appeal in this case involving the flooding of appellant’s land in the Mud Lake area during 1984 and 1985. At issue is whether certain actions taken by the Idaho Department of Water Resources, Water District No. 31 and Flood Control District No. 5 amounted to a “taking” under Article 1, § 14, of the Idaho Constitution, entitling appellants to a claim for inverse condemnation. The trial court granted summary judgment in favor of respondents. We affirm.

Appellants filed this action in 1985 seeking damages and injunctive relief against certain governmental…