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BUTTERS v. HAUSER

Nos. 20078, 20087.

867 P.2d 953 (1993)

125 Idaho 79

Mary J. BUTTERS and James S. MacDonald, Petitioners-Respondents on Appeal, v. Robert G. HAUSER, Respondent-Appellant on Appeal, and James E. and Sheron L. Givan, and Latah County, acting by and through the Board of Latah County Commissioners, and County Commissioners Dana Magnuson, Thomas Spangler and Nancy Johansen, Respondents. Mary J. BUTTERS and James S. MacDonald, Petitioners-Respondents on Appeal, v. Robert G. HAUSER and James E. and Sheron L. Givan and Latah County acting by and through the Board of Latah County Commissioners Dana Magnuson, Mark Solomon, and Nancy Johansen, Respondents, and Board Of Latah County Commissioners, Respondent-Appellant on Appeal.

Supreme Court of Idaho, North Idaho, October 1993 Term.

December 29, 1993.

Attorney(s) appearing for the Case

Bielenberg, Anderson & Walker, Moscow, for appellant Hauser. John W. Walker, argued.

Douglas W. Whitney, Deputy Pros. Atty., Moscow, argued, for appellant Bd. of Latah County Com'rs.

John H. Bradbury, Kamiah, for respondents.

BISTLINE, Justice.

BACKGROUND AND PRIOR PROCEEDINGS

In 1990 Robert Hauser applied for a conditional use permit to erect a radio transmission tower on a ridge top southeast of Moscow, Idaho, in Latah County. The Latah County Planning and Zoning Commission granted the permit. Thereafter, two nearby property owners, Mary Butters and James MacDonald, on their own behalf, and also on behalf of other nearby property owners who had signed a petition (hereinafter...

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