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CNC v. CITY OF BOISE

Nos. 27302, 28257.

48 P.3d 1266 (2002)

137 Idaho 377

CANAL/NORCREST/COLUMBUS ACTION COMMITTEE, an unincorporated group of affected persons, Petitioner-Appellant, v. CITY OF BOISE, an Idaho municipal corporation, acting through the Boise City Council, Respondent, and Neighborhood Housing Services, Inc., Intervenor-Respondent. Canal/Norcrest/Columbus Action Committee, an unincorporated group of affected persons, Petitioner-Appellant, v. City of Boise, an Idaho municipal corporation, acting through the Boise City Council, Respondent.

Supreme Court of Idaho, Boise, February 2002 Term.

June 6, 2002.

Attorney(s) appearing for the Case

Matt J. Howard, Boise, for appellant.

Randall S. Grove, for respondent.

Spink Butler Clapp, LLP, for intervenor-respondent. Michael T. Spink argued.

TROUT, Chief Justice.

I. NATURE OF THE CASE

This is an appeal from a district judge's order affirming the grant of a land-use development project by Boise City ("the City"). We affirm.

II. FACTUAL AND PROCEDURAL HISTORY

On September 29, 1998, Intervenor/Respondent Neighboring Housing Services, Inc. ("NHS"), which is a developer, filed an application for a conditional use permit ("CUP") with variances for setbacks, CUP98-0123, to develop...

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