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EVANS v. BOARD OF COM'RS OF CASSIA COUNTY

No. 25986.

50 P.3d 443 (2002)

137 Idaho 428

In re Board of County Commissioners of Cassia County Idaho Sitting as the Cassia County Planning and Zoning Commission-Resolution No. 98-12-1. John EVANS and Jackson Allred, Appellants, v. BOARD OF COMMISSIONERS OF CASSIA COUNTY IDAHO, Respondent, and Larry R. Watterson, Intervenor-Respondent.

Supreme Court of Idaho, Twin Falls, March 2001 Term.

May 31, 2002.

Attorney(s) appearing for the Case

Parsons, Smith & Stone, Burley; Marcus, Merrick, Montgomery, Christian & Hardee, LLP, Boise, for appellants. Randolph C. Stone argued.

Kerry D. McMurray, Burley, for respondent.

Jason D. Walker, Rupert, for intervenor-respondent.

SUBSTITUTE OPINION THE COURT'S PRIOR OPINION DATED 1/17/02 IS HEREBY WITHDRAWN.

KIDWELL, Justice.

This appeal arises from the decision of the Board of County Commissioners of Cassia County, sitting as the Cassia County Planning and Zoning Commission (the Board), to grant a special use permit for the development of a gravel pit. The appellants, residents in an adjacent subdivision, argue that the Board erred and that the permit application was fatally flawed...

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