(Download) "Ben R. Drake and D.M. Downer v. ira L" by Court of Appeals of Idaho No. 14077 # eBook PDF Kindle ePub Free
eBook details
- Title: Ben R. Drake and D.M. Downer v. ira L
- Author : Court of Appeals of Idaho No. 14077
- Release Date : January 11, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Ben Drake appeals from a summary judgment which affirmed a denial by the Canyon County Commissioners of his application for rezoning. Drake presents four issues on appeal. First, Drake broadly argues that the district court should have granted him relief from the denial of his rezoning application by the Commissioners. Second, Drake contends that, in an interlocutory order, the district court should not have allowed the County Commissioners the option of either hearing the matter themselves on remand or of referring the matter to the county zoning commission. Third, Drake argues that the court should have held the county's zoning ordinance to be invalid, or unconstitutional as applied to his case. Fourth, Drake argues that the court erred in refusing to augment the record to include certain minutes of the planning and zoning commission. In addition, both parties request an award of attorney fees on appeal. We affirm the decision of the district court, and disallow the requests for fees. Drake owns a parcel of land located in rural Canyon County. The land is bordered by a large dairy farm, by several small livestock feeding operations, and by a subdivision previously developed by Drake. The parcel in question is zoned for agricultural use.