[Download] "Glengary-Gamlin Protective Association v." by Court of Appeals of Idaho No. 13786 * Book PDF Kindle ePub Free
eBook details
- Title: Glengary-Gamlin Protective Association v.
- Author : Court of Appeals of Idaho No. 13786
- Release Date : January 28, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
This case presents two issues. First, under what circumstances may an organization have standing as an affected person to seek judicial review of a local land use decision? Second, for what purposes may local authorities, when considering an application for a special or conditional use permit, determine the extent of the applicant's entitlement to conduct the activity in question as a prior nonconforming use? These issues are framed by a conditional use application submitted by Forrest and Mary Bird to the Bonner County Board of Commissioners. The Birds sought a permit for rotary and fixed wing aircraft services at a site near Lake Pend Oreille and Gamlin Lake. The application was resisted by individuals who collectively formed an organization entitled the Glengary-Gamlin Protective Association, Inc. A county planning commission recommended that the application be denied. The Board of Commissioners ultimately granted the application in part, as to some of the proposed aircraft services, but denied it as to other services. The Birds and the Association both sued in district court for judicial review of the Board's determination. These cases were consolidated for a single decision. Upon grounds not germane to the instant appeal, the district court reversed the Board's determination and remanded the application for further consideration. The Birds appealed, and the Association cross-appealed, the district court's decision. However, the Association later stipulated to dismissal of its cross-appeal, leaving only the Bird's appeal to be decided.