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BOUNDARY BACKPACKERS v. BOUNDARY COUNTY

No. 21287.

913 P.2d 1141 (1996)

128 Idaho 371

BOUNDARY BACKPACKERS, an unincorporated association; North Idaho Audubon Society, Inc., an Idaho corporation; Bonners Ferry Forest Watch, an unincorporated association; Jerry Pavia; Paul R. Sieracki; Will Venard; Jan Wathen; Allen H. Rose and Jan Rose, husband and wife; Laurel McGuire; Lew Langness and Linda Langness, husband and wife; John O'Connor; Shaela Conner; Cherie Bronstein; Robert Moir; David W. Bodner and Meeche Bodner, husband and wife; Dan J. Misciagna; Daniel Krmpotich and Michael S. Powers, Plaintiffs-Respondents, v. BOUNDARY COUNTY, a governmental subdivision; Ronald Smith, Merle Dinning and Orrin Everhart, in their official capacities as members of the Boundary County Board of Commissioners, Defendants-Appellants.

Supreme Court of Idaho, Coeur d'Alene, April 1995 Term.

Rehearing Denied April 18, 1996.

Attorney(s) appearing for the Case

Randall W. Day, Bonners Ferry, for appellants.

Scott Reed, Coeur d'Alene, for respondents.

Peter D. Coppelman, Washington, DC, for Amicus Curiae United States.

JOHNSON, Justice.

This case concerns a county ordinance that requires all federal and state agencies to comply with a county land use policy plan. We conclude that the ordinance violates the U.S. Constitution because federal law preempts portions of the ordinance and that the entire ordinance is invalid because these portions are not severable. We also conclude that the one individual who has standing to challenge the ordinance...

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