(Download) "Blaine Simmons v. Idaho State Tax" by Supreme Court Of Idaho # Book PDF Kindle ePub Free
eBook details
- Title: Blaine Simmons v. Idaho State Tax
- Author : Supreme Court Of Idaho
- Release Date : January 23, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
In 1990 Robert Hauser applied for a conditional use permit to erect a radio transmission tower on a ridge top southeast of Moscow, Idaho, in Latah County. The Latah County Planning and Zoning Commission granted the permit. Thereafter, two nearby property owners, Mary Butters and James MacDonald, on their own behalf, and also on behalf of other nearby property owners who had signed a petition [hereinafter Butters], appealed that decision to the Board. The Board confirmed the grant of the permit; the property owners appealed to the district court. The district court reversed the Board, concluding that the evidence was insufficient to support the Boards finding that the radio tower would provide an essential service to the community and would enhance the surrounding area. Recognizing that the Board could not issue a conditional use permit, the district court remanded the case to the Board for action consistent with its order. Hauser and the Board of Commissioners (hereinafter Hauser) have appealed from the district courts order, and they raise the following issues on appeal: