Independent School Dist. of Boise City v. C. B. Lauch Const. Co.

• Decision Date: 03 January 1955
• Docket Number: No. 8180,8180
• Citation: Independent School Dist. of Boise City v. C. B. Lauch Const. Co., 278 P.2d 792, 76 Idaho 126 (Idaho 1955)
• Parties: INDEPENDENT SCHOOL DISTRICT OF BOISE CITY, a specially chartered school district in Ada County, Idaho, Plaintiff-Respondent, v. C. B. LAUCH CONSTRUCTION COMPANY, a corporation, State of Idaho, Eli Larson, Trustee, John W. Eagleson and Effa (Sometimes known as Effie) H. Eagleson, husband and wife, John W. Eagleson, Trustee, Mutual Finance Company, a corporation, Defendants-Appellants, and Max Eiden and Jayne Eiden, husband and wife, N. L. Terteling and Angela B. Terteling, husband and wife, First Security Bank of Idaho, a national banking association, Ruth G. Meyers, a widow, Horace Meyers, William A. Koelsch and Frances W. Koelsch, husband and wife, Ted L. Miller and Vivian B. Miller, husband and wife, Frederick A. Costello and Mae Costello, husband and wife, Francis M. Pratt and Grace Pratt, husband and wife, The Prudential Insurance Company of America, a corporation, Van L. Smith and Alice W. Smith, husband and wife, and The Idaho First National Bank, a national banking association, Defendants.
• Court: Idaho Supreme Court

Page 792

278 P.2d 792

76 Idaho 126

INDEPENDENT SCHOOL DISTRICT OF BOISE CITY, a specially chartered school district in Ada County, Idaho, Plaintiff-Respondent, v. C. B. LAUCH CONSTRUCTION COMPANY, a corporation, State of Idaho, Eli Larson, Trustee, John W. Eagleson and Effa (Sometimes known as Effie) H. Eagleson, husband and wife, John W. Eagleson, Trustee, Mutual Finance Company, a corporation, Defendants-Appellants, and Max Eiden and Jayne Eiden, husband and wife, N. L. Terteling and Angela B. Terteling, husband and wife, First Security Bank of Idaho, a national banking association, Ruth G. Meyers, a widow, Horace Meyers, William A. Koelsch and Frances W. Koelsch, husband and wife, Ted L. Miller and Vivian B. Miller, husband and wife, Frederick A. Costello and Mae Costello, husband and wife, Francis M. Pratt and Grace Pratt, husband and wife, The Prudential Insurance Company of America, a corporation, Van L. Smith and Alice W. Smith, husband and wife, and The Idaho First National Bank, a national banking association, Defendants.

No. 8180.

Supreme Court of Idaho.

Jan. 3, 1955.

Anderson, Kaufman & Kiser, Boise, for appellants.

Maurice H. Greene, Boise, for respondent.

PORTER, Chief Justice.

On May 15, 1951, respondent instituted condemnation proceedings seeking to condemn certain lands belonging to appellants and others for public school purposes. Appellants answered denying the necessity for the condemnation and taking of their lands. Trial of the cause was had before the court sitting without a jury commencing October 17, 1951. The trial court found that the use for which it was sought to condemn the lands was a public use and found favorably to respondent on the question of the extent of, and necessity for, the taking of appellants' lands; and on March 10, 1952, entered a judgment of condemnation.

Appellants thereafter duly appealed to this court from such judgment. On December 18, 1953, this court affirmed the judgment of condemnation entered by the trial court. See Independent School Dist v. C. B. Lauch Const. Co., 74 Idaho 502, 264 P.2d 687, wherein the facts in connection with this cause are more fully set out.

The trial court thereafter set the case for trial for the purpose of assessing damages. Appellants, on April 23, 1954, filed a motion praying in effect that the trial court open the judgment of condemnation and take additional testimony on the question of the present necessity for the taking of the lands of appellants. The motion is predicated upon the alleged ground that respondent no longer plans to use such lands for school purposes but intends to acquire same for speculative purposes. In support of such motion, appellants filed the affidavit of one Don H. Eagleson to which reference will be further made hereinafter.

Respondent, on April 30, 1954, filed a motion to strike the motion to open judgment filed by appellants and the supporting affidavit thereto upon the following grounds:

'1. That the decree of this Court entered on March 10, 1952, as affirmed by the Supreme Court of the State of Idaho, is now res adjudicata and not subject to reopening for the purposes stated in said motion.

'2. That said motion and supporting affidavit failed to state facts sufficient to justify the reopening of said cause upon the issue of necessity for the taking of defendants of lands.

'3. That the affidavit of the said Don H. Eagleson is hearsay, and that the best evidence of the matters and things set forth therein are the officials records of the proceedings of the board of trustees of plaintiff.'

On April 30, 1954, the trial court, after hearing thereon, sustained respondent's motion to strike appellants' motion to open judgment. The sustaining of the motion to strike was in effect a denial of motion to open judgment. From the order granting the motion to strike, appellants have appealed to this court.

By-passing for the nonce the questions of procedure and timeliness raised by respondent in its motion to strike, let us consider the merits of the motion of appellants to open the judgment. Such motion is based upon the affidavit of Don H. Eagleson. We set out such affidavit in full as follows:

'Don H. Eagleson, being first duly sworn, on oath deposes and says:

'That he is an officer of Mutual Finance Co., a corporation, one of the defendants above named;

'That at the trial of this cause, following which this court did in March, 1952 enter its order and decree adjudging the property of defendants John W. Eagleson and Effa (sometimes known as Effie) H. Eagleson, husband and wife, John W. Eagleson, Trustee, and Mutual Finance Co., a corporation, to be condemned for the use of the plaintiff Boise Independent School District, testimony was introduced by the plaintiff through its chief witness and then superintendent, Zed L. Foy, indicating that the Boise Independent School District had a then present need and necessity for the use of the lands of the above named defendants for school purposes;

'That through its building and expansion program and the construction specifically of several Junior High Schools since the date of the trial of this cause, and since the resignation of said Zed L. Foy as superintendent of the Boise Independent School District in February, 1954 and the appointment of D. C. DeBeaumont as such superintendent in February, 1954, the Boise Independent...