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JOHNSON v. BLAINE COUNTY

No. 34524.

204 P.3d 1127 (2009)

Deane JOHNSON, Petitioner-Appellant, v. BLAINE COUNTY, Idaho, a political subdivision of the State of Idaho, Respondent-Respondent. and Clear Creek, LLC, an Idaho limited liability company, Intervenor-Respondent.

Supreme Court of Idaho, Idaho Falls, September 2008 Term.

March 5, 2009.

Attorney(s) appearing for the Case

Haemmerle & Haemmerle, PLLC, Hailey, for appellant. Fritz Haemmerle argued.

Blaine County Prosecuting Attorney, Hailey, for respondent Blaine County. Timothy K. Graves argued.

Lawson & Laski, PLLC, Ketchum, for respondent Clear Creek, LLC. Michael Pogue argued.

EISMANN, Chief Justice.

This is an appeal from a decision approving the application for the final plat of a planned unit development. We hold that most of the issues raised cannot be addressed in this appeal because they were decided in the earlier decision approving the conditional use permit, which was a final decision from which no appeal was taken. We affirm the district court, albeit on different grounds.

I...

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