[Download] "James R. Harrell Et Al. v. City Lewiston" by Supreme Court of Idaho No. 11031 * Book PDF Kindle ePub Free

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eBook details

• Title: James R. Harrell Et Al. v. City Lewiston
• Author : Supreme Court of Idaho No. 11031
• Release Date : January 14, 1973
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

This action for writ of mandate was instituted by James R. Harrell and Loretta M. Harrell, husband and wife, and Albert A. Broughton and Connie L. Broughton, husband and wife (referred to herein as respondents). By their complaint, the respondents sought to compel the City of Lewiston, its mayor, councilmen and building inspector, the appellants herein, to issue the respondents a building permit to authorize construction of a building on premises owned by them which fronted on 17th Street (a north-south street of the City). The proposed structure was designed to be used as a pizza parlor with parking areas around the building. The pizza parlor site was a part of a larger area previously annexed by the City in 1969. At the time of the annexation, the property was zoned by Nez Perce County as agricultural land. The appellants answered the respondents' complaint raising some factual issues and by way of affirmative defenses alleged that: the land was zoned F as farm land; traffic hazards on 17th Street necessitated the construction of a frontage road; an agreed condition to passage of any ordinance changing the zoning of the property from an agricultural zone to a commercial zone was the deeding to the City a right of way for a frontage road along 17th Street running between 21st Avenue and 26th Avenue; and as a final affirmative defense, an unusual traffic hazard existed by reason of the steepness of 17th Street grade. The appellants further alleged the City had insufficient time to study the traffic problem and to arrive at a reasonable solution to the problem.

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