Rueth v. State

BISTLINE, Justice.

The State of Idaho’s Fish and Game Department appeals a jury verdict in favor of plaintiffs-respondents Rueths. The Rueths brought suit in October, 1972, claiming that the Fish and Game Department’s operation of a water diversion structure and resultant flooding “effected a complete loss of value of said lands of plaintiffs and, therefore, constitutes a taking of said lands of plaintiffs by defendants.” The prayer of plaintiffs’ complaint asked that a jury trial be had to ascertain and assess “the plaintiffs’ damages by reason of the loss of the total amount of property…