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CRAPSS v. BONNER COUNTY

No. 27765.

67 P.3d 64 (2003)

138 Idaho 585

COUNTY RESIDENTS AGAINST POLLUTION FROM SEPTAGE SLUDGE (CRAPSS), an unincorporated non-profit association, Gary Pinch, Bill Murray, Bruce Vogel, Paul Cozort, Karen Olson, Mike Schissler, Rosemarie Trudeau, Shirley Nettleingham James, David Rafferty, Don Blaese, Joanne Schilke Vincent, Debbie Schilke, Ron Keenan, Judy Keenan, Mary Ouellette, Peggy Tucker, Harry Roberts, Kathy Brown, Rachel Schenk, Ann Nettleingham Schilke, Leroy Selberg, Leah Selberg, Keith Johnson, Naomi Landon, Plaintiffs-Respondents, v. BONNER COUNTY, a political subdivision of the State of Idaho acting through the County Board of Commissioners, Dale Van Stone, Commission Chair, Bud Mueller, Commissioner and Brian Orr, Commissioner, in their official capacities, Defendants-Appellants.

Supreme Court of Idaho, Boise, March 2003 Term.

April 2, 2003.

Attorney(s) appearing for the Case

John R. Topp, Sandpoint, for appellant.

Scott W. Reed, Coeur d'Alene, for respondent.

EISMANN, Justice.

This is an appeal from the summary dismissal by the Bonner County Board of Commissioners of an appeal from the Bonner County Planning Department. We vacate the order dismissing the appeal and remand this case for further proceedings.

I. FACTS AND PROCEDURAL HISTORY

On July 25, 2000, Vern Caven, d/b/a Ace Septic, submitted a conditional use permit application to the Bonner County Planning and Zoning Commission. He sought to store...

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