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LOWERY v. BD. OF CTY. COM'RS FOR ADA CTY.

No. 16924.

764 P.2d 431 (1988)

115 Idaho 64

Duane LOWERY and Joanne Lowery, husband and wife, Appellants-Respondents on Appeal, v. The BOARD OF COUNTY COMMISSIONERS FOR ADA COUNTY, Ed Riddle, Doyle Miner and Michael L. Johnson, Commissioners, Respondents-Appellants on Appeal, and David C.P. Hayes and Robin L. Hayes, husband and wife, Respondents.

Court of Appeals of Idaho.

July 6, 1988.

Attorney(s) appearing for the Case

Greg H. Bower, Pros. Atty., Susan D. McColl, Deputy Pros. Atty., Boise, for respondents-appellants on appeal.

John P. Connolly, Connolly & Smyser, Boise, for appellants-respondents on appeal.

WALTERS, Chief Judge.

A district judge reversed the approval of a conditional use permit and zoning certificate by the Ada County Board of Commissioners. The court awarded court costs and attorney fees to the appellants below. This appeal by the county and the companion appeal by the original applicants present us with an opportunity to examine a district judge's authority to finally resolve zoning-related matters and to review the limits of the district court's discretion...

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