NEIGHBORS FOR RESP. GROWTH v. KOOTENAI COUNTY

Nos. 34591, 34592.

207 P.3d 149 (2009)

NEIGHBORS FOR RESPONSIBLE GROWTH, a non-profit unincorporated association; Preserve Our Rural Communities, a non-profit unincorporated association; Kootenai Environmental Alliance, Inc., a non-profit corporation; Norbert and Beverly Twillman; Greg and Janet Torline; Susan Melka; Merlyn and Jean Nelson, Plaintiffs, v. KOOTENAI COUNTY, a political subdivision of the State of Idaho acting through the Kootenai County Board of Commissioners; S.J. "Gus" Johnson, Chairman; Elmer R. "Rick" Currie and Katie Brodie, Commissioners, in their official capacities; and Katie Brodie, personally and individually, Defendants, and Powderhorn Communities LLC and Heartland LLC, Intervenors, Coeur d'Alene Land Company and H.F. Magnuson, Intervenors-Appellants. Neighbors for Responsible Growth, a non-profit unincorporated association; Preserve Our Rural Communities, a non-profit unincorporated association; Kootenai Environmental Alliance, Inc., a non-profit corporation; Norbert and Beverly Twillman; Greg and Janet Torline; Susan Melka; Merlyn and Jean Nelson, Plaintiffs-Respondents, v. Kootenai County, a political subdivision of the State of Idaho acting through the Kootenai County Board of Commissioners; S.J. "Gus" Johnson, Chairman; Elmer R. "rick" Currie and Katie Brodie, Commissioners, in their official capacities; and Katie Brodie, personally and individually, Defendants, and Powderhorn Communities LLC, and Heartland LLC, Intervenors-Appellants, and Coeur d'Alene Land Company and H.F. Magnuson, Intervenors.

Supreme Court of Idaho, Boise, February 2009 Term.

April 6, 2009.


Attorney(s) appearing for the Case

John F. Magnuson, Coeur d'Alene, for appellants, Coeur d'Alene Land Company and H.F. Magnuson.

Lukins & Annis, P.S., Coeur d'Alene, for appellants, Powderhorn Communities, LLC and Heartland LLC. Mischelle Fulgham argued.

Scott W. Reed, Coeur d'Alene, for respondents.


HORTON, Justice.

This is an appeal from the district court's judgment vacating and remanding a decision by the Kootenai County Board of Commissioners (the Board) to amend the Kootenai County Comprehensive Plan (the Plan). Heartland, LLC, acting on behalf of Powderhorn Communities, LLC, (collectively referred to as Powderhorn), filed an application requesting that the Board amend the Plan, which the Board approved. Respondent Neighbors for Responsible Growth (Neighbors...

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