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IN RE JEROME COUNTY BD. OF COM'RS

No. 38113.

281 P.3d 1076 (2012)

In the Matter of the JEROME COUNTY BOARD OF COMMISSIONERS; Decision Dated September 23, 2008, Approving A Livestock Confinement Operation Permit for Don McFarland, dba Big Sky Farms. Friends of Minidoka, Dean & Eden Dimond, Harold & Carolyn Dimond, Wayne Sloan, Guardian of James Sloan, the Idaho Rural Council, Inc., Idaho Concerned Area Residents for the Environment, Inc., Petitioners/Appellants/Cross-Respondents, v. Jerome County, Joseph Davidson, Charles Howell, Diana Obenauer, members of the Jerome County Board of Commissioners, Respondents/Respondents on Appeal/Cross-Appellants, and South View Dairy, an Idaho general partnership, William Visser, William De Jong, and Ryan Visser, general partners, Intervenors/Respondents on Appeal.

Supreme Court of Idaho, Boise, February 2012 Term.

July 6, 2012.

Attorney(s) appearing for the Case

Hutchinson & Brown, LLC, Twin Falls, for appellant. Charles M. Tebbutt argued.

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

Williams, Meservy & Lothspeich, LLP, Jerome, for respondent Southview Dairy. John B. Lothspeich argued.

BURDICK, Chief Justice.

This case concerns the approval of a permit application for a Livestock Confinement Operation (LCO), also known as a Concentrated Animal Feeding Operation (CAFO), by the Jerome County Board of County Commissioners (Board). The Board approved the application after a remand by the district court of the Board's decision previously denying the permit. Several individuals and organizations were opposed...

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