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SCOTT v. GOODING COUNTY

No. 26883.

46 P.3d 23 (2002)

137 Idaho 206

Tracy SCOTT and Sue Scott, husband and wife, and Donald D. Cogger, Petitioners-Respondents, v. GOODING COUNTY; Gooding County Board of Commissioners, Gooding County Planning and Zoning Commission, Respondents-Appellants, v. Luis M. Bettencourt, Intervenor-Respondent.

Supreme Court of Idaho, Boise, March 2002 Term.

April 23, 2002.

Attorney(s) appearing for the Case

Philip A. Brown, Gooding County Prosecuting Attorney, Gooding, for appellants.

Brit Groom, Grangeville, for respondents.

Fredericksen, Williams & Meservy, Jerome, for intervenor.

EISMANN, Justice.

Gooding County, its Board of Commissioners, and its Planning and Zoning Commission appeal a judgment declaring that an ordinance relating to confined animal feeding operations is void. We vacate the judgment of the district court and remand this case for further proceedings.

I. FACTS AND PROCEDURAL HISTORY

On January 27, 1999, Win Henslee, a Gooding County Commissioner, acting as an employee of Luis Bettencourt, filed an application...

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