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SPIRIT RIDGE v. FRANKLIN COUNTY

No. 40865.

337 P.3d 583 (2014)

SPIRIT RIDGE MINERAL SPRINGS, LLC, a Wyoming limited liability company, Plaintiff-Appellant, v. FRANKLIN COUNTY, Defendant-Respondent.

Supreme Court of Idaho, Pocatello, May 2014 Term.

October 29, 2014.

Attorney(s) appearing for the Case

Atkin Law Offices, P.C., Clifton, Utah, attorneys for appellant. Blake S. Atkin argued.

Franklin County Prosecuting Attorney, Preston, attorney for respondent. Vic A. Pearson argued.

W. JONES, Justice.

I. NATURE OF THE CASE

Spirit Ridge Mineral Springs, LLC ("Spirit Ridge") appeals a judgment entered in favor of Franklin County dismissing Spirit Ridge's complaint which had requested abatement of a private nuisance and for an injunction against a gun range operated by Franklin County adjacent to its property. In a bench trial, the district court ruled that Spirit Ridge had failed to demonstrate...

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