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CORPORATION OF PRESIDING BISHOP, ETC. v. ASHTON

No. 10076.

448 P.2d 185 (1968)

92 Idaho 571

CORPORATION OF THE PRESIDING BISHOP OF the CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, a corporation, Plaintiff-Third-Party Defendant and Respondent, v. Thomas ASHTON, E.L. Berry, by and on behalf of themselves, and others similarly situated, Intervening Defendants-Third-Party Plaintiffs and Appellants, v. The CITY OF IDAHO FALLS, a municipal corporation, S. Eddie Pedersen, as Mayor, and Philip C. Leahy, Karl G. Page, James R. Freeman, Roy J. Keller, Gordon L. Nelson and Dale D. Parish, as Councilmen of the City of Idaho Falls, and Ray Browning, City Building Official, Third-Party Defendants and Respondents.

Supreme Court of Idaho.

December 2, 1968.

Attorney(s) appearing for the Case

Thomas C. Whyte, Idaho Falls, for appellant.

Petersen, Moss & Olsen, Idaho Falls, for respondent, Church.

Albaugh, Bloem, Smith & Pike, Idaho Falls, for respondent, City.

McFADDEN, Justice.

On May 20, 1958 respondent Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints, a corporation sole, referred to herein as the Church, purchased approximately seven and one half acres of land in an area later classified as a Residential (R-1) Zone by City Ordinance 852. The property is located in a residential neighborhood in the corporate limits of respondent City of Idaho Falls, referred to herein as the City...

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