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BURT v. CITY OF IDAHO FALLS

No. 13806.

665 P.2d 1075 (1983)

105 Idaho 65

John I. BURT, on behalf of himself and all other residents and property owners in the City of Idaho Falls, Idaho similarly situated, Appellants, v. The CITY OF IDAHO FALLS, Idaho, and the City Council of said city, said council consisting of Thomas V. Campbell, Mayor, Charles L. Clark, Melvin L. Erickson, James R. Freeman, Paul L. Hovey, Sam S. Sakaguchi and Ralph M. Wood, Councilmen, Respondents.

Supreme Court of Idaho.

July 7, 1983.

Attorney(s) appearing for the Case

C. Timothy Hopkins and Larry Lee Goins of Hopkins, French, Crockett & Springer, Idaho Falls, for appellants.

Arthur L. Smith of Albaugh, Smith, Pike, Smith & Anderson, Idaho Falls, for respondents.

David L. Metcalf of Langroise, Sullivan & Smylie, Boise, for intervenors/respondents.

DONALDSON, Chief Justice.

This controversy involves the annexation of approximately 68.78 acres of land by the city of Idaho Falls. The annexation was requested by several owners of the land. The City Planning and Zoning Commission and the City Council conducted hearings and other required procedures preliminary to annexation, zoning and amendment of its Comprehensive Plan. The annexed land was then zoned C-1 (commercial) by the city. The land had been previously...

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