COUNTY OF ADA v. SCHEMM

Nos. 10931, 11230.

529 P.2d 1268 (1974)

96 Idaho 396

COUNTY OF ADA, Plaintiff-Respondent, v. Herman J. SCHEMM, Defendant-Appellant, and Hooper Investment Company, Inc., Defendant. Herman J. SCHEMM, Third-Party Plaintiff-Appellant, v. COUNTY OF ADA et al., Third-Party Defendants-Respondents. Walter and Mary BURAK, husband and wife, et al., Plaintiffs-Respondents, v. Herman SCHEMM and Edna Schemm, husband and wife, Defendants-Appellants.

Supreme Court of Idaho.

July 24, 1974.


Attorney(s) appearing for the Case

Charles D. Coulter, Boise, for appellants.

Derr, Derr, Walters & Cantrill, for respondents Burak.

James E. Risch, Pros. Atty., Ada County, David H. Leroy, Deputy Pros. Atty., Boise, for respondent Ada County.


SHEPARD, Chief Justice.

These two cases were consolidated upon appeal since both involve the same real property and present essentially the same question, i.e., whether the maintenance of a building on appellants' property is a violation of a county zoning ordinance.

Appellants Schemm are the owners of property located in Ada County, Idaho. Prior to May 1968, the Schemms located two mobile homes on the property. One of the mobile homes is utilized by the Schemms...

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