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REGAN v. KOOTENAI COUNTY

No. 29737.

100 P.3d 615 (2004)

140 Idaho 721

Brent REGAN and Moura Regan, his wife, Plaintiffs-Appellants, v. KOOTENAI COUNTY, a political subdivision of the State of Idaho, Defendant-Respondent.

Supreme Court of Idaho, Boise, April 2004 Term.

October 20, 2004.

Attorney(s) appearing for the Case

Harvey Richman, Coeur d'Alene, for appellant.

John A. Cafferty, Coeur d'Alene, for respondent.

SUBSTITUTE OPINION. THE COURT'S PRIOR OPINION DATED JULY 1, 2004 IS HEREBY WITHDRAWN.

SCHROEDER, Chief Justice.

Mike and Moura Regan (the Regans) filed a declaratory judgment action to obtain an interpretation of Kootenai County Ordinance No. 309 Article VII regarding the use of a private noncommercial airstrip within the Agricultural Suburban zone. The district court granted summary judgment in favor of Kootenai County and issued a permanent injunction...

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