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KGF DEVELOPMENT, LLC v. CITY OF KETCHUM

No. 36162.

236 P.3d 1284 (2010)

KGF DEVELOPMENT, LLC, Plaintiff-Appellant, v. CITY OF KETCHUM, a municipal corporation of the State of Idaho, Defendant-Respondent, and 260 First, LLC, Intervenor-Respondent.

Supreme Court of Idaho, Boise, June 2001 Term.

July 28, 2010.

Attorney(s) appearing for the Case

Haemmerle & Haemmerle, PLLC, Hailey, for appellant. Fritz X. Haemmerle argued.

Moore Smith Buxton & Turke, Chtd., Boise, for respondent. Paul J. Fitzer argued.

Lawson Laski Clark & Pogue, PLLC, Ketchum, for intervenor. Michael D. Pogue argued.

J. JONES, Justice.

KGF Development, LLC, appeals the district court's judgment in favor of the City of Ketchum. We reverse.

I.

Factual and Procedural History

KGF owns units C1 through C12, 2, 4, 6, and 7 of the Copper Ridge Condominiums, which are located in the City of Ketchum (the City). Copper Ridge was built and developed with west-facing windows in its penthouse units in order to provide views of Mount Baldy. The maximum height for...

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