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BOTHWELL v. CITY OF EAGLE

No. 23041.

938 P.2d 1212 (1997)

130 Idaho 174

Glenn C. BOTHWELL and Glida Bothwell, husband and wife; Dave Croniola and Martha Croniola, husband and wife; Michael S. Decker and Peggy J. Decker, husband and wife; Gabe Holmquist and Peggy J. Holmquist, husband and wife; Amy J. Holmquist; Warren H. Keller; Betty C. Langley; Barry L. Pharoah and C. Wylene Pharoah, husband and wife; and Frank W. Stoppello and Vicki M. Stoppello, husband and wife, Petitioners-Appellants, v. The CITY OF EAGLE and Eagle City Council; and Jayo Construction, Inc., Respondents.

Supreme Court of Idaho. Boise, April 1997 Term.

May 28, 1997.

Attorney(s) appearing for the Case

Jim Jones & Associates, Boise, for petitioners-appellants. John C. McCreedy argued.

Eberle, Berlin, Kading, Turnbow & McKlveen, Boise, for respondent Jayo Construction. Stephen A. Bradbury argued.

JOHNSON, Justice.

This is a land use planning case in which a city council granted approval of a preliminary subdivision plat. We conclude that this approval is lacking in finality and is therefore not subject to judicial review.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS

Jayo Construction (Jayo) submitted to the city of Eagle applications for approval of a preliminary subdivision plat (the preliminary plat application) and for a floodplain...

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