NEIGHBORS FOR PRES. v. BD. OF COUNTY COM'RS

No. 41113.

358 P.3d 67 (2015)

NEIGHBORS FOR the PRESERVATION OF the BIG AND LITTLE CREEK COMMUNITY, an unincorporated corporation; People for Payette's Future, Inc., an Idaho nonprofit corporation; Joseph Bercik and Betty Bercik; Cody Burlile and Christina Burlile; De Burlile and Lori Pratt; Linda Burlile; Jordan Cary and Harmony Cary; Larry Dahnke and Susan Dahnke; Dale Dellinger; Ray Denig and Jackie Denig; Richard Evey and Susan Evey; Kane Huddleston and Joyce Huddleston; Luke Huddleston; John Jeffries and Jo An Jeffries; Jerry Korn; Leon Korn; Cameron Mahler and Cindy Mahler; Kimberly Christensen; Cyril Roland; Greg Semon and Terri Semon; Roger Smith and Mary Vivian Smith; Elizabeth Stephens; Dick Towner and Sue Towner; John Walgenbach and Denise Morgan; Deborah Weber; and Enrique Ybarra, Jr., Petitioners, and John (Jack) Burlile; H-Hook, LLC, an Idaho limited liability company; Clifford Morgan and Mary Morgan; Thomas Pence; Irene Roland; Tom Roland and Marcia Roland; James Underwood, Jr.; and Jeffery Weber, Petitioners-Appellants, v. BOARD OF COUNTY COMMISSIONERS OF PAYETTE COUNTY, Respondent, and Alternate Energy Holdings, Inc., Intervenor-Respondent.

Supreme Court of Idaho.

September 25, 2015.


Attorney(s) appearing for the Case

Andersen Banducci, PLLC, and Williams Bradbury, P.C., Boise, for appellants. Wade L. Woodard argued.

Payette County Prosecutor's Office, Payette, for respondent Board of County Commissioners of Payette County.

Spink Butler, LLP, Boise, for intervenor-respondent Alternate Energy Holdings, Inc. Thomas H. Clark argued.


The Payette County Board of Commissioners (the Commissioners) approved a conditional rezone of a parcel of land from agricultural to industrial, subject to a development agreement, in connection with a project to build a nuclear power plant. Various parties appealed the approval to the district court. The district court upheld the...

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