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BRACKEN v. CITY OF KETCHUM

Docket No. 48721.

537 P.3d 44 (2023)

Roy BRACKEN, an individual; RRJ LLC, an Idaho limited liability company; and Penguin LLC, an Idaho limited liability company, Plaintiffs-Appellants, v. CITY OF KETCHUM, Idaho an Idaho municipal corporation; Micah Austin, an individual, Suzanne Frick, an individual, and Nina Jonas, an individual, Defendants-Respondents.

Supreme Court of Idaho, Boise, November 2022 Term.

Rehearing Denied: November 2, 2023

Attorney(s) appearing for the Case

Robert J. Elgee , and Alturas Law Group, LLC, Hailey, attorneys for Appellants. Robert J. Elgee argued.

White, Peterson, Gigray & Nichols, P.A., Nampa, attorneys for Respondents. Matthew A. Johnson argued.

This appeal is about whether an aggrieved applicant may bring a direct action against a city, its administrators, and its mayor for alleged misconduct pertaining to the granting of a conditional use permit without first exhausting administrative remedies and seeking judicial review. The answer is almost always "no," but based...

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