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HERZOG v. CITY OF POCATELLO

No. 8939.

356 P.2d 54 (1960)

Vern E. HERZOG and Thelma G. Herzog, Husband and Wife, Plaintiffs-Respondents, v. CITY OF POCATELLO, a Municipal Corporation of Idaho, Defendant, and C.A. Garrett, George L. Frenette, C. P. Tucker, Myles W. Romney and Ida Henderson, Petitioners to intervene as Defendants-Appellants.

Supreme Court of Idaho.

Rehearing Denied November 2, 1960.

Attorney(s) appearing for the Case

Gerald W. Olson and F. E. Tydeman, Pocatello, for appellants.

O. R. Baum, Ben Peterson, Baum & Peterson, Ruby Y. Brown and Vern E. Herzog, Jr., Pocatello, for respondents.

Gerald W. Olson, Pocatello, for defendant City of Pocatello.

KNUDSON, Justice.

This action was originally commenced on February 15, 1960, by respondents against defendant, City of Pocatello, in which respondents contend that defendant city acted arbitrarily and capriciously in refusing to grant respondents permission to use their property for service station purposes. Respondents allege in their complaint that their petition to use their property for such use has been approved by the zoning commission and planning commission...

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