Marty v. State of Idaho
Idaho Supreme Court
786 P.2d 524 (1989)
After torrential rains weakened the dike around Mud Lake, threatening thousands of acres of homes and farmland, Idaho's Governor (defendant) declared a state of emergency, directing state agencies to take necessary action. Actions and inactions by various governmental agencies, canal companies, and water users ultimately flooded land owned by the Martys and other plaintiffs, who sued for trespass and injunctive relief. Defendants argued the common-law doctrine of public necessity privileged their actions and moved for summary judgment, which the trial court granted; plaintiffs appealed.
Whether the doctrine of public necessity, which provides that one is privileged to enter the land of another if he knows or has reason to believe that it is necessary to prevent an imminent public disaster, may be abrogated by state statute.