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COUNTY OF ADA v. HILL

No. 15748.

715 P.2d 959 (1986)

110 Idaho 289

The COUNTY OF ADA, a political subdivision of the State of Idaho, Plaintiff-Respondent, v. James R. HILL and Susan Hill, Defendants-Appellants, and James R. HILL and Susan Hill, Counterclaimants-Third Party Plaintiffs, v. The COUNTY OF ADA, a political subdivision of the State of Idaho, and Idaho State Department of Health and Welfare, Third Party Defendants-Respondents.

Supreme Court of Idaho.

February 13, 1986.

Attorney(s) appearing for the Case

James R. Hill and Susan Hill, pro se.

Jim Jones, Atty. Gen., State of Idaho, Mark A. Ingram, Deputy Atty. Gen., Dept. of Health and Welfare, Greg H. Bower, Ada County Prosecutor, Ronald Dean Coston, Office of Ada County Prosecutor, (argued), for respondent.

SHEPARD Justice.

The facts are without any substantial controversy. The Hills own certain real property in Ada County on which they conduct a business known as a day care center in which they care for the children of others. The property owned by the Hills is zoned residential, however, a day care center is a permitted use within such zone if the owner has secured a conditional use permit. No such conditional use permit has been sought or obtained by the Hills. Hence...

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