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EACRET v. BONNER COUNTY

Nos. 28092, 29137.

86 P.3d 494 (2004)

139 Idaho 780

David EACRET and Barbara M. Eacret, husband and wife, William M. Berg and Melinda M. Cameron, husband and wife, Petitioners-Respondents, v. BONNER COUNTY, a political subdivision of the State of Idaho, acting through the Bonner County Board of Commissioners, Respondent, and Fred Harris and Ron Harris, Intervenors-Appellants. David Eacret and Barbara M. Eacret, husband and wife, William M. Berg and Melinda M. Cameron, husband and wife, Petitioners-Respondents, v. Bonner County, a political subdivision of the State of Idaho, acting through the Bonner County Board of Commissioners, in their official capacities, Respondent-Appellant, and Fred Harris and Ron Harris, Intervenors-Respondents.

Supreme Court of Idaho, Coeur d'Alene, October 2003 Term.

February 27, 2004.

Attorney(s) appearing for the Case

Ramsden & Lyons, Coeur d'Alene, for appellants Harris in # 28092 and respondents Harris in # 29137. Michael E. Ramsden argued.

Finney & Finney, Sandpoint, for appellants Bonner County, et al, in # 29137. Gary A. Finney argued.

Lukins & Annis, Coeur d'Alene, for respondents Eacrets, Berg & Cameron in # 28092 and # 29137. Mischelle R. Fulgham and William M. Berg argued.

BURDICK, Justice.

FACTUAL AND PROCEDURAL BACKGROUND

Fred and Ron Harris (Harris) first applied to Bonner County for a variance from the setback requirements after they had begun construction of a boathouse on the shore of Lake Pend Oreille. In February 2000, the denial of the variance by the Planning and Zoning Commission became final, after the County Commissioners dismissed the appeal for failure to state lawful grounds upon which the appeal could be based...

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