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WHITE v. BANNOCK COUNTY COMMISSIONERS

Nos. 28675, 28699.

80 P.3d 332 (2003)

139 Idaho 396

Boyd B. WHITE, II, individually, Plaintiff-Respondent, v. BANNOCK COUNTY COMMISSIONERS, and the Bannock County P & Z Commission, Defendants-Appellants, and Castle Concrete, an Idaho Corporation, Defendant. Boyd B. White, II, individually, Plaintiff-Respondent-Cross Appellant, v. Bannock County Commissioners, and the Bannock County P & Z Commission, Defendants, and Castle Concrete, an Idaho Corporation, Defendant-Appellant-Cross Respondent.

Supreme Court of Idaho, Pocatello, September 2003 Term.

November 12, 2003.

Attorney(s) appearing for the Case

Mark L. Hiedeman, Bannock County Prosecuting Attorney, Pocatello, for appellants Bannock County Commissioners and Bannock County P & Z Commission. Guy R. Price argued.

Jones, Chartered, Pocatello, for appellant Castle Concrete. Jack H. Robison argued.

Boyd B. White II, Pocatello, pro se respondent.

BURDICK, Justice.

This is an appeal from a summary judgment and order voiding the approval of a conditional use permit (CUP), with directions to remand the matter to the County Planning and Development Council (the Council). Because this case reached the district court other than through the statutorily prescribed procedure for an appeal from an adverse decision of the Council, we reverse the district court's decision. We remand the matter to the Council but provide...

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