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EUCLID AVE. TRUST v. CITY OF BOISE

No. 33974.

193 P.3d 853 (2008)

EUCLID AVENUE TRUST, Trustee Services, Inc., Trustee, Plaintiff-Appellant, v. CITY OF BOISE, Defendant-Respondent.

Supreme Court of Idaho. Boise, June 2008 Term.

September 23, 2008.

Attorney(s) appearing for the Case

Neal & Uhl, PLLC, Boise, for appellant. Gary L. Neal argued.

Boise City Attorney's Office, Boise, for respondent. Scott Muir argued.

J. JONES, Justice.

On October 4, 2005, the Euclid Avenue Trust ("Euclid") caused three "skinny" houses to be moved onto three adjacent city lots without waiting for the City of Boise to act on applications for building permits it had submitted seven days earlier. The City determined the unpermitted houses were a nuisance and ordered Euclid to abate the nuisance. It also adopted an emergency ordinance imposing stricter requirements for building permits for "substandard...

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