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ENRIGHT v. BLAINE COUNTY

No. 20391.

903 P.2d 87 (1995)

127 Idaho 498

Lee P. ENRIGHT and Nancy K. Enright, husband and wife, Plaintiffs-Appellants-Cross-Respondents, v. BLAINE COUNTY, a political subdivision; Alan Reynolds; Rupert House; Tom Blanchard; Leonard Harlig; Cindy Mann; John Gladics; Wendy Collins; John McDonald; Robert Struthers; Tom Bowman; Does 1 through 10, inclusive; and Kathryn Wilson and Edgar "Ned" Washburn, wife and husband, Defendants-Respondents-Cross-Appellants.

Supreme Court of Idaho, Idaho Falls, March 1995 Term.

September 26, 1995.

Attorney(s) appearing for the Case

Evans, Keane, Boise, for appellants. Bruce C. Jones argued, Boise.

Luboviski, Wygle, Fallowfield & Williamson, Ketchum, for defendants-respondents Blaine County, Reynolds, House, Blanchard, Mann, Gladics, and Collins. Ned C. Williamson argued, Ketchum.

Roark, Rivers & Phillips, Hailey, for defendants-respondents Wilson and Washburn. R. Keith Roark argued, Hailey.

McDEVITT, Chief Justice.

I.

BACKGROUND AND FACTS

Lee and Nancy Enright (the Enrights) sought and obtained a conditional use permit from the Blaine County Planning and Zoning Commission (the Commission) to construct a residence in a floodplain in Blaine County. The Enrights appealed a condition placed on their permit to the Blaine County Board of County Commissioners (the Board), which affirmed the Commission...

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