CITIZENS AGAINST LINSCOTT v. BD. OF COM'RS

Docket No. 47909.

483 P.3d 380 (2021)

CITIZENS AGAINST LINSCOTT/INTERSTATE ASPHALT PLANT, an unincorporated non-profit association organized under the laws of the State of Idaho, Petitioner-Appellant-Cross Respondent, v. BONNER COUNTY BOARD OF COMMISSIONERS, a public agency of the State of Idaho, Respondent-Cross Appellant, and Frank E. Linscott and Carol Linscott, Interstate Concrete & Asphalt Company, Intervenors-Respondents-Cross Appellants.

Supreme Court of Idaho, Boise, February 2021 Term.

Opinion Filed: March 22, 2021.


Attorney(s) appearing for the Case

Givens Pursley, LLP, Boise, for Appellant. Gary G. Allen argued.

Bonner County Prosecuting Attorney for Respondent Bonner County. William S. Wilson argued.

Finney & Finney, PA, Sandpoint, for Intervenors Linscott. John A. Finney argued.

Winston & Cashatt, Coeur d'Alene, for Intervenors Interstate Concrete & Asphalt Company. Elizabeth A. Tellessen argued.


This is an administrative appeal concerning whether a conditional use permit issued pursuant to an amendment to county code is valid when the amendment is subsequently found void. In addition, this case presents questions concerning the limitations on actions for judicial review of agency action brought under the Idaho Local Land...

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