MOERDER v. CITY OF MOSCOW

No. 8016.

263 P.2d 993 (1953)

MOERDER v. CITY OF MOSCOW et al.

Supreme Court of Idaho.

November 24, 1953.


Attorney(s) appearing for the Case

Melvin J. Alsager, Moscow, J. H. Felton and William J. Jones, Lewiston, for appellant.

Jerry V. Smith, Lewiston, Robert W. Peterson, Moscow, for respondents.


KEETON, Justice.

Claiming special damages to himself and as owner of a residence and other property in a zoned area in the City of Moscow, appellant brought this action to secure a writ of mandate to require the Mayor and City Officials of the City of Moscow to enforce a zoning ordinance designated in the petition as Sec. 4-902 Ordinances of the City of Moscow. This ordinance so far as pertinent reads:

"No building shall be erected within any residence zone...

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