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BURNS CONCRETE, INC. v. TETON COUNTY

Docket No. 43527-2015.

384 P.3d 364 (2016)

BURNS CONCRETE, INC., an Idaho corporation, and Burns Holdings, LLC, an Idaho limited liability company, Plaintiffs-Appellants, v. TETON COUNTY, a political subdivision of the State of Idaho, Defendant-Respondent.

Supreme Court of Idaho, Idaho Falls, September 2016 Term.

Rehearing Denied December 6, 2016.

Attorney(s) appearing for the Case

Brook B. Bond , Parsons Behle & Latimer, Boise, argued for appellants.

Kathy Spitzer , Teton County Prosecuting Attorney, Driggs, argued for respondent.

This is an appeal out of Teton County from a judgment holding that the force majeure clause in a written contract between the county and a developer did not apply to the developer's failure to obtain zoning approval in order to construct the cement plant required in the agreement. We hold that the force majeure clause was broad...

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