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BRETT v. ELEVENTH STREET DOCKOWNER'S ASS'N

No. 29846.

112 P.3d 805 (2005)

141 Idaho 517

John C. BRETT, Petitioner-Appellant, v. ELEVENTH STREET DOCKOWNER'S ASSOCIATION, INC., an Idaho Corporation and the Idaho Land Board, Idaho Department of Lands, a political subdivision of the State of Idaho, Winston Wiggins, Director, Respondents.

Supreme Court of Idaho, Boise, February 2005 Term.

May 3, 2005.

Attorney(s) appearing for the Case

Richard K. Kuck, Coeur d'Alene, for appellant.

John F. Magnuson, Coeur d'Alene, for respondent Eleventh Street Dockowners Association, Inc.

Hon. Lawrence G. Wasden, Idaho Attorney General, Boise, for respondent State of Idaho. Steven J. Schuster argued.

TROUT, Justice.

This is an appeal from a decision of the Idaho Department of Lands (IDL) issuing an amended lake encroachment permit to the Eleventh Street Dockowners Association (Association) for the Coeur d'Alene Marina (Marina). The district court, on judicial review, affirmed IDL's issuance of the permit over the objection of a neighboring property owner, John Brett (Brett). Because the IDL decision was not arbitrary, capricious or an abuse of discretion and was...

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