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HECK v. COMMISSIONERS OF CANYON COUNTY

No. 19245.

853 P.2d 587 (1992)

123 Idaho 842

Dennis HECK and Christine Heck, husband and wife, Plaintiffs-Appellants, v. COMMISSIONERS OF CANYON COUNTY, Canyon County, Idaho, Defendants-Respondents.

Court of Appeals of Idaho.

July 7, 1992.

Attorney(s) appearing for the Case

Eismann Law Office, Nampa, for plaintiffs-appellants. Richard B. Eismann argued, Nampa.

Richard L. Harris, Canyon Co. Atty., Charles L. Saari, Deputy Co. Atty., Caldwell, for defendants-respondents. Charles L. Saari argued, Caldwell.

SUBSTITUTE OPINION

The Court's prior opinion, dated April 24, 1992, is hereby withdrawn.

SILAK, Judge.

Dennis and Christine Heck (the Hecks) filed a declaratory judgment action challenging the validity of a Canyon County ordinance which prohibits the retail sale of "safe and sane" fireworks in the unincorporated areas of the county. The Hecks argued that the ordinance was in conflict with the Idaho State Fireworks Act (the Fireworks Act), I.C....

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