GORDON PAVING CO. v. BLAINE CTY. BD., ETC.

No. 12142.

572 P.2d 164 (1977)

98 Idaho 730

GORDON PAVING COMPANY, Plaintiff-Appellant, v. BLAINE COUNTY BOARD OF COUNTY COMMISSIONERS, and Thornley U. Williams et al., Defendants-Respondents.

Supreme Court of Idaho.

On Rehearing December 2, 1977.


Attorney(s) appearing for the Case

James L. Kennedy, Jr., Walker & Kennedy, Twin Falls, for plaintiff-appellant.

Thomas B. Campion, Pros. Atty., Blaine County, Robert Korb, III, Kneeland, Laggis, Korb & Collier, Ketchum, for defendants-respondents.


DONALDSON, Justice.

This case was tried before the district court on a stipulation of facts agreed to by the parties. Plaintiff-appellant Gordon Paving operated a rock crusher and an asphalt plant on land in Hidden Hollow, Blaine County. The use antedated the effective date of Blaine County's first zoning ordinance. Hidden Hollow was zoned as low density residential, but since the use preceded the zoning ordinance it became a valid non-conforming use.

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