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GILTNER DAIRY, LLC v. JEROME COUNTY

No. 34020.

181 P.3d 1238 (2008)

GILTNER DAIRY, LLC, an Idaho limited liability company, Petitioner-Appellant, v. JEROME COUNTY, a political subdivision of the State of Idaho, Respondent, and 93 Golf Ranch, L.L.C., Intervenor-Respondent.

Supreme Court of Idaho, Boise, March 2008 Term.

March 27, 2008.

Attorney(s) appearing for the Case

White Peterson, P.A., Nampa, for appellant. Julie Fischer argued.

Michael J. Seib, Jerome County Prosecuting Attorney, Jerome, for respondent Jerome County.

Robertson & Slette, PLLC, Twin Falls, for respondent 93 Golf Ranch, L.L.C. Gary Slette argued.

EISMANN, Chief Justice.

This is an appeal from a judgment dismissing a petition for judicial review of an ordinance changing a county comprehensive plan map. Because the Appellant had no right to obtain judicial review, we affirm the judgment of the district court and award attorney fees on appeal.

I. FACTS AND PROCEDURAL HISTORY

Giltner Dairy, LLC, (Giltner Dairy) owns approximately 843 acres of land upon which it operates a large dairy. Giltner...

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