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GILTNER DAIRY, LLC v. JEROME COUNTY

No. 36528.

249 P.3d 358 (2011)

GILTNER DAIRY, LLC, Petitioner-Appellant, v. JEROME COUNTY, Respondent, and 93 Golf Ranch, LLC, Intervenor-Respondent.

Supreme Court of Idaho, Twin Falls, December 2010 Term.

March 17, 2011.

Attorney(s) appearing for the Case

White Peterson Gigray Rossman Nye & Nichols, Nampa for appellant. David F. Vandervelde argued.

Jerome County Prosecutor's Office, Jerome, for respondent Jerome County. Michael J. Seib argued.

Robertson & Slette, PLLC, Twin Falls, for intervenor/respondent 93 Golf Ranch, LLC. Gary D. Slette argued.

HORTON, Justice.

Giltner Dairy operates a dairy adjacent to property owned by 93 Golf Ranch (Golf Ranch). In July 2008, Golf Ranch requested a rezone of its property. The Jerome County commissioners approved the rezone and Giltner Dairy sought judicial review of that decision. The district court dismissed for lack of jurisdiction, finding that this Court's decision in Highlands Development Corp. v. City of Boise, 145 Idaho 958, 188 P.3d...

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