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McVICKER v. CITY OF LEWISTON

No. 24724.

995 P.2d 804 (2000)

134 Idaho 34

William and Margaret McVICKER, a marital community, and Dorothy McGee, Plaintiffs-Appellants, v. CITY OF LEWISTON, a municipal entity; and Jan Vassar, Lewiston City Manager, Charles Borcich, Lewiston Building Official, Steve Watson, Lewiston Interim Community Development Director, Jerry Hume, Assistant Lewiston City Planner; and James Cook, d/b/a Cook Construction Company; and Kevin Dotson, d/b/a American Dream Construction Company, Defendants-Respondents.

Supreme Court of Idaho, Lewiston, October 1999 Term.

February 23, 2000.

Attorney(s) appearing for the Case

Clearwater Law Offices, Lewiston; Burton Contract Legal Services, McCall, for appellants. Earl L. McGeoghegan argued.

Jones, Brower & Callery, Lewiston, for respondent City of Lewiston. Thomas W. Callery argued.

Don L. Roberts, Lewiston, for respondent Cook.

TROUT, Chief Justice.

This is an appeal from the district court's order granting summary judgment to the defendants/respondents City of Lewiston (City) and James Cook (Cook). The underlying lawsuit by the plaintiffs/appellants, William and Margaret McVicker and Dorothy McGee (collectively referred to as the McVickers), alleged that the City had improperly granted a building permit to Cook for the construction of an accessory building.

I.

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