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GAIGE v. CITY OF BOISE

No. 9875.

425 P.2d 52 (1967)

A.J. GAIGE and Donald K. Seitz, Plaintiffs-Respondents, v. CITY OF BOISE, State of Idaho and Harold T. Jones, Vernon E. Morris, Henry F. Koch, Edward W. Rice, Sherman A. Perry and Warren H. Bakes, Council Members of the City of Boise, Defendants-Appellants.

Supreme Court of Idaho.

March 14, 1967.

Attorney(s) appearing for the Case

C. Stanley Skiles, Boise, for appellants.

Richards, Haga & Eberle, Boise, for respondents.

McQUADE, Justice.

During 1952, appellant city, Boise, reestablished a zoning plan which categorized properties into six basic classes:1 The "A" (Residence) Zone was the most strictly circumscribed use zone; the "F" (Unrestricted) Zone was the most permissive use zone. (Ordinance 1589). The zoning ordinance (1589) as re-enacted provided:

"The `A' Residence Zone shall include all those parts...

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