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GARDINER v. BOUNDARY COUNTY BD. OF COM'RS

No. 35007.

229 P.3d 369 (2010)

Patrick GARDINER and Ada Gardiner, husband and wife, Petitioners-Respondents, v. BOUNDARY COUNTY BOARD OF COMMISSIONERS, Respondent-Appellant, and Tungsten Holdings, Inc., Intervenor-Appellant.

Supreme Court of Idaho, Boise, September 2009 Term.

March 18, 2010.

Attorney(s) appearing for the Case

Philip H. Robinson and Louis E. Marshall, Sandpoint, for appellants. Louis E. Marshall argued.

Paul Vogel, Sandpoint, argued for respondent.

Janet Robnett, Coeur d'Alene, argued for intervenor-appellant.

FACTUAL AND PROCEDURAL BACKGROUND

W. JONES, Justice.

Tungsten Holding, Inc. (Tungsten) owns a parcel of land in Boundary County, Idaho that is zoned agriculture/forestry under Boundary County, Idaho, Zoning and Subdivision Ordinance 99-06 (the Zoning Ordinance). In order to operate a commercial gravel pit on its premises, on March 22, 2005, Tungsten filed an application to obtain a special use permit. The Boundary County Planning and Zoning Commission held...

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