RURAL KOOTENAI ORG. v. BOARD OF COM'RS

No. 22271.

993 P.2d 596 (1999)

133 Idaho 833

RURAL KOOTENAI ORGANIZATION, INC., an Idaho nonprofit corporation, and Linda Erickson, Plaintiffs-Cross-Appellants, v. BOARD OF COMMISSIONERS, Kootenai County, State of Idaho, Defendant-Cross-Respondent, and McCormack Properties of Idaho, an Idaho corporation, Intervenor-Cross-Respondent.

Supreme Court of Idaho, Lewiston, April 1999 Term.

Rehearing Denied February 23, 2000.


Attorney(s) appearing for the Case

Sheroke & McGregor, Coeur d'Alene, for cross-appellants. Charles Sheroke argued.

Scott L. Wayman, Coeur d'Alene, for cross-respondents, Board of Commissioners.

Wetzel & Wetzel, Coeur d'Alene, for cross-respondents, McCormack Properties. Dana Wetzel argued.


SCHROEDER, Justice.

This is an appeal of a land use decision made by the Kootenai County Board of Commissioners (Board or County) in favor of McCormack Properties of Idaho, Inc. (McCormack). The Board granted McCormack's application for preliminary approval of a planned unit development (PUD) and approval of a preliminary plat of a ninety-two lot subdivision located within the PUD. Rural Kootenai Organization (RKO), an organization which participated in the public...

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