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HECK v. COMMISSIONERS OF CANYON COUNTY

No. 20217.

853 P.2d 571 (1993)

123 Idaho 826

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

Supreme Court of Idaho, Boise, January 1993 Term.

April 30, 1993.

Attorney(s) appearing for the Case

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

Civil Deputy Canyon County Pros. Atty., Caldwell, for defendants-respondents. Charles L. Saari, argued.

JOHNSON, Justice.

This case concerns the authority of a county to regulate the sale of fireworks. We conclude that the Idaho State Fireworks Law, I.C. §§ 39-2605 through 39-2630, (the fireworks law) preempts the authority of counties to regulate the retail sale of "safe and sane" fireworks. We also conclude that there is a genuine issue of material fact concerning the reasonableness of requirements for a permit...

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