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Burns Holdings, LLC v. Teton County Board of Supervisors
Citation:
152 Idaho 440Facts
Burns Holdings, LLC. sought a conditional use permit to build a 75 foot structure where local zoning ordinance set the maximum building height at 45 feet. The proposed structure lied outside of the municipal boundaries; but per Idaho Code, unincorporated areas impacted by a city can be governed by city zoning requirements. A local ordinance proscribed the use of conditional use permits for size and spatial exceptions to zoning requirements. The County Supervisors denied the permit. Burns sought judicial review of this denial, and during the proceedings the County’s Attorney changed their argument claiming Idaho code requires a variance for such changes, not a conditional use permit and thus the denial was not only an appropriate exercise of discretion, but required by law.
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