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KIRK-HUGHES DEV'T v. COUNTY BD. OF COM'RS

No. 35730.

237 P.3d 652 (2010)

In the Matter of the Application of Kirk-Hughes Development, LLC for Planned Unit Development Chateau De Loire. KIRK-HUGHES DEVELOPMENT, LLC, Appellant, v. KOOTENAI COUNTY BOARD OF COUNTY COMMISSIONERS; Elmer R. Currie; Richard A. Piazza and W. Todd Tondee, Respondents, and Neighbors for Responsible Growth, a non-profit unincorporated association; Norbert and Beverly Twillmann, husband and wife, Susan Melka; Bill and Sylvia Lampard, husband and wife; David and Barbara Wardsworth, husband and wife; and Heather Bowlby, Intervenors/Respondents.

Supreme Court of Idaho, Coeur d'Alene, April 2010 Term.

Rehearing Denied August 2, 2010.

Attorney(s) appearing for the Case

Leroy Law Office, Boise, and Freilich & Popowitz, LLP, for Appellant. Robert Freilich argued.

Patrick M. Braden, Coeur d'Alene, for Respondent Kootenai County Board of County Commissioners and Scott W. Reed, Coeur d'Alene, for Intervenors/Respondents. Patrick Braden and Scott Reed argued.

W. JONES, Justice.

I. FACTS AND PROCEDURAL HISTORY

The appellant, Kirk-Hughes Development, LLC (Kirk-Hughes), purchased five hundred and seventy-eight acres of land for development located in Kootenai County, Idaho. The land is on the eastern shore of Lake Coeur d'Alene and spans both sides of State Highway 97; of the five hundred and seventy-eight acres, about three hundred and ninety-three acres are zoned Rural and about one hundred and eighty-four are...

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