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CISZEK v. KOOTENAI COUNTY BD. OF COM'RS

No. 37562.

254 P.3d 24 (2011)

Linda CISZEK, individually; Ronald G. Wilson and Linda A. Wilson, husband and wife; Bill Dole and Marian Dole, husband and wife; Mike Anderson and Rayelle Anderson, husband and wife; Joe Culbreth and Sharon Culbreth, husband and wife; Kirk Hobson and Kimberly Hobson, husband and wife; Seth Moulding and Jennifer Moulding, husband and wife; Casey Neal and Kristin Neal, husband and wife; and William Girton and Dolly Girton, husband and wife, Plaintiffs-Appellants, v. KOOTENAI COUNTY BOARD OF COMMISSIONERS and Coeur D'Alene Paving, Inc., Defendants-Respondents, and Beacon West, LLC, Intervener-Respondent.

Supreme Court of Idaho, Boise, April 2011 Term.

Rehearing Denied July 8, 2011.

Attorney(s) appearing for the Case

Wetzel, Wetzel & Holt, PLLC, Coeur d'Alene , for appellants. Dana L. Rayborn Wetzel argued.

Chapman Law Office, PLLC, Coeur d'Alene , for respondent Coeur d'Alene Paving, Inc. Michael R. Chapman argued.

Kootenai County Prosecuting Attorney, Coeur d'Alene , for respondent Kootenai County. John A. Cafferty argued.

Dunn & Black, P.S., Spokane, Washington, for intervener-respondent Beacon West, LLC. Michael R. Tucker argued.

J. JONES, Justice.

This is an appeal from an order of summary judgment granted in favor of Respondents regarding the authority of the Kootenai County Board of County Commissioners to rezone two parcels of property based on a single rezone application. We affirm.

I.

Factual and Procedural Background

Coeur d'Alene Paving, Inc. ("CDA Paving") leases several parcels of real property in Kootenai...

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