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McCUSKEY v. CANYON COUNTY

No. 20218.

851 P.2d 953 (1993)

123 Idaho 657

Frank C. McCUSKEY, Plaintiff-Appellant, v. CANYON COUNTY, a political subdivision of the State of Idaho, and Carlos Bledsoe, Glenn O. Koch, and Joyce Chase, the Board of County Commissioners, and Lori Walker as Administrator of the Canyon County Planning and Zoning Commission, Defendants-Respondents.

Supreme Court of Idaho, Boise, December 1992 Term.

Rehearing Denied May 24, 1993.

Attorney(s) appearing for the Case

Kenneth F. White, Nampa, for plaintiff-appellant.

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

BISTLINE, Justice.

This controversy involves a dispute over the zoning status of a parcel of land in Canyon County owned by appellant, Frank McCuskey, upon which he wants to build a gas station/convenience store. McCuskey believes the land is zoned "heavy industrial" pursuant to the 1965 Canyon County zoning ordinance and that his plan is within the permitted uses allowed in that zone. Respondent, Canyon County, believes the land is zoned "rural residential" pursuant...

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