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CHISHOLM v. TWIN FALLS COUNTY

No. 28634.

75 P.3d 185 (2003)

139 Idaho 131

In the Matter of Twin Falls County Commissoners' Resolution No.2001-4; LCO Permit for Salmon Falls Land and Livestock Co. Bill CHISHOLM, Petitioner-Appellant, v. TWIN FALLS COUNTY, a political subdivision of the State of Idaho; Twin Falls County Commissioners Marvin Hempleman, Bill Brockman and Gary Grindstaff; Salmon Falls Land and Livestock Co., Permittee, Respondents.

Supreme Court of Idaho, Boise, May 2003 Term.

July 16, 2003.

Attorney(s) appearing for the Case

Richard A. Carlson, Filer, argued for appellant.

Grant P. Loebs, Twin Falls County Prosecuting Attorney; Jennifer R. Gose-Eells, Twin Falls County Deputy Prosecuting Attorney, Twin Falls, for respondent Twin Falls County.

Robertson, Hepworth, Slette, Worst & Stover, PLLC, Twin Falls, for respondent Salmon Falls Land & Livestock Co. Timothy J. Stover argued.

WALTERS, Justice.

Bill Chisholm seeks review of the Twin Falls County's issuance of a livestock confinement operation ("LCO") permit to Salmon Falls Land and Livestock Co. ("SFLLC"). Chisholm argued that the issuance of the permit is flawed because it was issued without notice, public hearing or other opportunity for the neighbors to comment. The parties, Chisholm, SFLLC and Twin Falls County, filed cross-motions for summary judgment. Summary judgment was granted...

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