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BASTIAN v. CITY OF TWIN FALLS

No. 13658.

658 P.2d 978 (1983)

104 Idaho 307

Arlon BASTIAN and Una Bastian, husband and wife, Plaintiffs-Respondents, v. The CITY OF TWIN FALLS, a municipal corporation, Defendant-Appellant.

Court of Appeals of Idaho.

Petition for Review Denied March 29, 1983.

Attorney(s) appearing for the Case

Susan E. Swanberg, Charles P. Brumbach, Twin Falls, for defendant-appellant.

Lloyd J. Webb, Webb, Burton, Carlson, Pederson & Paine, Twin Falls, for plaintiffs-respondents.

BURNETT, Judge.

When land is lawfully used or improved in a way that conflicts with requirements of a subsequently enacted zoning ordinance, the property is said to be nonconforming. From this status flows a limited protection against zoning requirements. Today we examine the limits of such protection.

This appeal focuses upon two questions. (1) If a structure on nonconforming property is enlarged, may a city impose the same landscaping and off-street parking...

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