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Torts keyed to Best
Marty v. State of Idaho
Citation:786 P.2d 524 (Idaho 1989)
Plaintiffs own farmland in the Mud Lake Basin.The area is a terminal basin without a natural drainage outlet. On June 3, 1983, the board of commissioners of Jefferson County declared the area to be a flood emergency and requested assistance from the Governor. On June 6, 1983, the Governor declared the area a flood emergency as a runoff from spring rain had severely weakened the Mud Lake dikes. The emergency order required all state agencies to “take action” to stop or alleviate the emergency conditions. Heavy rainfall in the Spring of 1984 created a flow bigger than any since 1923. Subsequently, a group of volunteers, under the guidance of combined state agencies, worked to strengthen and increase the height of the dikes, which resulted in the plaintiff’s property being flooded. Plaintiffs now sue for damages and injunctive relief.
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