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GUMPRECHT v. CITY OF COEUR D'ALENE

No. 14238.

661 P.2d 1214 (1983)

104 Idaho 615

Donald G. GUMPRECHT and Alice Gumprecht, husband and wife; Dohn R. Johnson and Elizabeth Johnson, husband and wife; and the Harold V. Wilson and Clemma Wilson Trust by George Kristin, Trustee, Petitioners, v. CITY OF COEUR D'ALENE, a municipal corporation; Don Johnston, Mayor of the City of Coeur d'Alene; Ford Dunton, Roy Koep, James Fromm, Loren R. Edinger, Lois Land-Albrecht, and Edwin Hume Jones, Members of the City Council of the City of Coeur d'Alene, Respondents.

Supreme Court of Idaho.

April 6, 1983.

Attorney(s) appearing for the Case

Eugene L. Miller, Coeur d'Alene, for petitioners.

William D. McFarland, Scott W. Reed, Coeur d'Alene, for respondents.

BAKES, Justice.

This is an original proceeding in which petitioners, owners of real property located along the shoreline of Lake Coeur d'Alene and within Coeur d'Alene city limits, sought to restrain an initiative election. The initiative election concerns a proposed amendment to the Coeur d'Alene Municipal Code which would by ordinance prohibit the erection, within the city limits, of new buildings within 150 feet of the shoreline which are in excess of 50 feet in...

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