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BURNS HOLDINGS v. MADISON COUNTY BD.

No. 33753.

214 P.3d 646 (2009)

BURNS HOLDINGS, LLC, an Idaho limited liability company, Plaintiff-Appellant, v. MADISON COUNTY BOARD OF COUNTY COMMISSIONERS, a political subdivision of the State of Idaho, Defendant-Respondent.

Supreme Court of Idaho, Rexburg, September 2008 Term.

July 9, 2009.

Attorney(s) appearing for the Case

Holden, Kidwell, Hahn & Crapo, Idaho Falls, for appellant. Robert Harris argued.

Madison County Prosecutor's Office, Rexburg, for respondent. Troy Evans argued.

AMENDED OPINION, THE COURT'S PRIOR OPINION DATED MAY 1, 2009 IS HEREBY WITHDRAWN

HORTON, Justice.

Appellant Burns Holdings, LLC (Burns) filed applications for an amendment to the Madison County Comprehensive Plan and to rezone property it owns. The Madison County Board of Commissioners (Board) denied the application for amendment of the comprehensive plan and took no action on the rezone application. Burns petitioned for judicial review and the district...

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