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ROARK v. CITY OF CALDWELL

No. 9364.

394 P.2d 641 (1964)

Roy A. ROARK and Oleta Roark, husband and wife, Plaintiffs-Respondents, v. CITY OF CALDWELL, a Municipal Subdivision of the State of Idaho, Defendant-Appellant.

Supreme Court of Idaho.

July 30, 1964.

Attorney(s) appearing for the Case

Smith & Miller, Caldwell, for appellant.

Marcus, Leggat & Marcus, Boise, for respondents.

McFADDEN, Justice.

The respondents, hereinafter referred to as the plaintiffs, instituted this declaratory judgment action for a determination of the validity of an airport zoning ordinance adopted June 19, 1961, by appellant, City of Caldwell, hereinafter sometimes referred to as the City. This ordinance affected the property owned by the plaintiffs; after trial, the trial court held the ordinance to be unconstitutional...

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