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IDAHO DAIRYMEN'S ASS'N v. GOODING COUNTY

No. 35980.

227 P.3d 907 (2010)

IDAHO DAIRYMEN'S ASSOCIATION, INC., an Idaho non-profit corporation; The Idaho Cattle Association, Inc., a Idaho non-profit corporation, Plaintiffs/Appellants, v. GOODING COUNTY, a body politic and corporate of the State of Idaho, Defendants/Respondents.

Supreme Court of Idaho, Twin Falls, November 2009.

February 1, 2010.

Attorney(s) appearing for the Case

Givens Pursley, LLP Boise, for appellants. Debora Kristensen argued. Michael Kane, amicus curiae.

Gooding County Prosecuting Attorney, Gooding, for respondent. Luverne Shull argued.

FACTS AND PROCEDURAL HISTORY

W. JONES, Justice.

This Court was asked to determine the validity and constitutionality of a few provisions within a newly enacted ordinance that regulates Confined Animal Feeding Operations ("CAFOs"). Respondent, Gooding County, adopted Ordinance No. 90 ("the Ordinance") on or about June 12, 2007, and on October 9, 2007, Appellants, the Idaho Dairymen's Association, Inc. and the Idaho Cattle Association, Inc., collectively referred...

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