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Note: In connection with approval of the road plan for a residential subdivision with 753 lots in Meridian Idaho, the Idaho Transportation Board (Transportation Department) required Lochsa Falls, L.L.C. (Developer) to install a traffic signal and approaches to it. Although these improvements would cost US$180,000, Developer obtained and posted a standby LC in favor of Transportation Department to cover its performance. However, it contested the requirement and sued the Transportation Department and its claim was dismissed in the trial court on the basis that there was a failure to exhaust administrative remedies. On appeal, the Supreme Court of Idaho, in an opinion by Horton, J., vacated the judgment, concluding that there were no available administrative remedies and remanded for further proceedings in light of the opinion.

[JEB]

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