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WOHRLE v. KOOTENAI COUNTY

Nos. 34095, 34097.

207 P.3d 998 (2009)

James WOHRLE and Penny Wohrle, husband and wife, Plaintiffs-Respondents, v. KOOTENAI COUNTY, a political subdivision of the State of Idaho, Defendant-Appellant. Jerry Judd, Petitioner-Respondent, v. Kootenai County, a political subdivision of the State of Idaho, Respondent-Appellant.

Supreme Court of Idaho, Boise, February 2009 Term.

April 14, 2009.

Attorney(s) appearing for the Case

Patrick Michael Braden, Kootenai County Administrative Attorney, Coeur d'Alene, argued for appellant.

Beck & Poorman, LLC., Hayden, for respondent. Scott Lee Poorman argued.

BURDICK, Justice.

Appellant Kootenai County appeals from the district court's reversal and remand of a decision by the Kootenai County Board of Commissioners (Board) in case numbers V-841-05 and V-842-05. Both cases involved the Board's denial of variance requests for decks built on waterfront property. The cases of Respondents James and Penny Wohrle and Respondent Jerry Judd (collectively Respondents) involve identical legal issues and nearly identical factual situations...

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