BENEWAH CTY. CATTLEMEN'S v. BD. OF CTY. COM'RS

No. 13516.

668 P.2d 85 (1983)

105 Idaho 209

BENEWAH COUNTY CATTLEMEN'S ASSOCIATION, INC., an Idaho corporation, Plaintiff-Appellant, v. BOARD OF COUNTY COMMISSIONERS OF BENEWAH COUNTY, Jack A. Buell, County Commissioner; Norman L. "Bud" McCall, County Commissioner; George Mills, Jr., County Commissioner; Robert M. Baltz, Sheriff of Benewah County, and Peter J. Hutchinson, Prosecutor for Benewah County, Defendants-Respondents.

Supreme Court of Idaho.

Rehearing Denied September 8, 1983.


Attorney(s) appearing for the Case

Jerrold E. Park, St. Maries, William H. O'Riordan, Boise, for plaintiff-appellant.

Thomas C. Morris, St. Maries, for defendants-respondents.


SHEPARD, Justice.

This is an appeal from a judgment in an action brought in the nature of a declaratory judgment seeking to have declared invalid a county ordinance which prohibited livestock from running at large, from grazing on property other than that of the owner, and requiring the erection and maintenance of fences by owners of livestock. The magistrate court found the ordinance to be valid, which holding was affirmed on appeal to the district court. Likewise...

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