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MOERDER v. CITY OF MOSCOW

No. 8329.

300 P.2d 808 (1956)

Roy R. MOERDER, Plaintiff-Appellant, v. CITY OF MOSCOW, a municipal corporation; W. L. Anderson, individually and as Mayor of the City of Moscow; Spencer Lewis, Fred Handel, Harold Lough, C. W. Hickman, Roscoe Williams and Homer Peterson, individually and as members of the City Council of the City of Moscow; H. C. Johnson and Lottie Johnson, husband and wife; Norman Johnson and Sally J. Johnson, husband and wife, Defendants-Respondents.

Supreme Court of Idaho.

Rehearing Denied September 5, 1956.

Attorney(s) appearing for the Case

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

Robert W. Peterson, City Atty., Moscow, for respondents City of Moscow and the Mayor and Council thereof.

Cox, Ware & Stellmon, Lewiston, for respondents Johnsons.

ANDERSON, Justice.

This is an action for a writ of mandate to require the City of Moscow, Idaho, and its officials to enforce zoning ordinance No. 676. Demurrers were filed and overruled. A motion made to quash and dismiss the action was granted, without hearing any evidence, by the district court. An appeal was taken and this court reversed the district court, Moerder v. City of Moscow, 74 Idaho 410, 263 P.2d 993, and sent the matter...

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