HOWARD v. CANYON COUNTY BD. OF COM'RS

No. 21879.

915 P.2d 709 (1996)

128 Idaho 479

John HOWARD, Petitioner-Appellant on Appeal, v. CANYON COUNTY BOARD OF COMMISSIONERS, Respondent-Respondent on Appeal.

Supreme Court of Idaho, Boise, February 1996 Term.

April 19, 1996.


Attorney(s) appearing for the Case

Eberle, Berlin, Kading, Turnbow & McKlveen, Chtd., Boise, for appellant. Warren E. Jones argued.

David L. Young, Canyon County Prosecutor; Charles L. Saari, Deputy Prosecutor, Caldwell, for respondent. Charles L. Saari argued.


SILAK, Justice.

John Howard (Howard) petitioned the Canyon County Planning and Zoning Commission (the Planning and Zoning Commission) for a conditional use permit to place a residential subdivision on 28 acres of land zoned agricultural. The Planning and Zoning Commission and, on appeal, the Canyon County Board of Commissioners (the Commissioners) denied the petition because Howard's proposed use would adversely impact the area's agricultural character. Howard

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