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SANDERS ORCHARD v. GEM COUNTY

No. 26629.

52 P.3d 840 (2002)

137 Idaho 695

SANDERS ORCHARD, a partnership, composed of Maurice Sanders and Sandy Sanders; and Sands Orchards, Inc., Petitioners-Respondents, v. GEM COUNTY, Idaho, by and through its BOARD OF COUNTY COMMISSIONERS, Respondent-Appellant.

Supreme Court of Idaho, Boise, January 2002 Term.

Rehearing Denied August 6, 2002.

Attorney(s) appearing for the Case

Richard K. Linville, Gem County Prosecuting Attorney, Emmett, for appellant.

Westberg, McCabe & Collins, Boise, for respondents. P. Larry Westberg argued.

EISMANN, Justice.

I. FACTS AND PROCEDURAL HISTORY

Sanders Orchard desires to sell for residential development approximately 131 acres of its real property located near the city of Emmett in Gem County, Idaho. Under the Gem County Comprehensive Plan, that property was designated as Agricultural/Natural Resources, which only permitted limited residential development. On April 1, 1997, Sanders Orchard initiated proceedings...

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