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BURNS HOLDINGS v. TETON CTY. BD. OF COM'RS

No. 38269-2010.

272 P.3d 412 (2012)

BURNS HOLDINGS, LLC, Petitioner-Appellant, v. TETON COUNTY BOARD OF COMMISSIONERS, Respondent.

Supreme Court of Idaho, Boise, January 2012 Term.

January 25, 2012.

Attorney(s) appearing for the Case

Dale W. Storer , Holden, Kidwell, Hahn & Crapo, PLLC; Idaho Falls, argued for appellant.

Kathleen H. Spitzer , Teton County Prosecuting Attorney, Driggs, argued for respondent.

EISMANN, Justice.

This is an appeal from the decision of the district court upholding the denial of a conditional use permit seeking to waive the provision of a zoning ordinance limiting the maximum height of buildings and structures. We uphold the district court on the correct theory that the height restriction can be waived only by a variance, not by a conditional use permit.

I.

Factual Background

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