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FISCHER v. CITY OF KETCHUM

No. 29469.

109 P.3d 1091 (2005)

141 Idaho 349

Catherine G. FISCHER; David Nixon; Dorothy L. and W. Hunter Simpson, husband and wife; Sally Behnke, Petitioners-Appellants, and Paul and Carol S. Fremont-Smith, husband and wife; Timothy and Natalie Redpath, husband and wife; Frank and Jodine Tonnemaker, husband and wife; Lionel S. Mosley; Stanley C. & Gweneth Carlson, husband and wife; Hayward Sawyer; and Bruce D. Armstrong, Petitioners, v. CITY OF KETCHUM, an Idaho municipal corporation; the Ketchum City Council; and the Ketchum Planning and Zoning Commission, Respondents, and Douglas Delmonte, Intervenor-Respondent.

Supreme Court of Idaho, Idaho Falls, September 2004 Term.

March 25, 2005.

Attorney(s) appearing for the Case

Werth Law Office, PLLC, Ketchum, for appellants. Douglas A. Werth argued.

Benjamin Wilbur Worst, Ketchum, for respondents. Benjamin W. Worst argued.

BURDICK, Justice.

This is a case involving review of a conditional use permit application and a design review application submitted by Douglas Delmonte. Delmonte proposed to build a four-story duplex on his property located in a residential zone within the Mountain Overlay District and the Avalanche Zone District that are governed by specific provisions of the Ketchum Zoning Code. Because the Ketchum City Planning and Zoning Commission (Commission) failed to request...

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