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READY-TO-POUR, INC. v. McCOY

No. 10713.

511 P.2d 792 (1973)

95 Idaho 510

READY-TO-POUR, INC., an Idaho corporation, Plaintiff-Respondent, v. Leonard B. McCOY, as Building Inspector of the City of Ketchum, et al., Defendants-Appellants, and W. E. Murphy et al., Third Party Intervenors and Appellants.

Supreme Court of Idaho.

July 3, 1973.

Attorney(s) appearing for the Case

E. Lee Schlender, Ketchum, for defendants-appellants.

Alexanderson, Davis, Rainey & Whitney, Caldwell, for third party intervenors-appellants.

George R. Kneeland, Ketchum, for plaintiff-respondent.

SHEPARD, Justice.

This case involves a Ketchum zoning ordinance establishing an industrial district and an attempt to locate a concrete batch plant therein. The City refused to issue a permit for the construction of the plant and thereafter the City eliminated the industrial zone. The trial court found that the City had acted capriciously and arbitrarily in refusing to issue a building permit. The court issued a writ of mandate commanding the issuance of the permit...

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