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HUNGATE v. BONNER COUNTY

Docket No. 46114.

458 P.3d 966 (2020)

Frank P. HUNGATE and Thomas K. Hungate, as Trustees of the Hungate Trust; The A&E Family L.L.C., an Idaho limited liability company; Anne E. Ashburn, an individual; Eleanor Jones, an individual; Frank Hungate, an individual; and John Hungate, an individual; Petitioners-Appellants, v. BONNER COUNTY, a political subdivision of the State of Idaho, acting through the Bonner County Board of Commissioners, Respondent, and Stejer's Inc., a Washington corporation, Intervenor-Respondent.

Supreme Court of Idaho, Boise, August 2019 Term.

Opinion Filed: February 25, 2020.

Attorney(s) appearing for the Case

Givens Pursley LLP, Boise, attorneys for Appellant. Deborah E. Nelson argued.

Bonner County Prosecutor, Sandpoint, attorneys for Respondent. William S. Wilson argued.

Finney & Finney, Sandpoint, attorneys for Intervenor-Respondent Stejer's Inc. John A. Finney argued.

I. NATURE OF THE CASE

This is an appeal from a district court sitting in its intermediate appellate capacity. Below, the Board of County Commissioners for Bonner County ("Board") granted Stejer's, Inc.'s request for three variances ("the Variances") from applicable lot setbacks required by the Bonner County Revised Code...

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