Hill v. Board of County Commissioners

BAKES, Chief Justice,

concurring specially:

I concur with the action of the majority, which necessarily follows given the fact that the Court’s dictal footnote in Cooper v. Board of County Comm’rs of Ada County, 101 Idaho 407, 411, 614 P.2d 947, 951 (1980), was elevated to law, with little discussion, in Walker-Schmidt Ranch v. Blaine County, 101 Idaho 420, 614 P.2d 960 (1980). There is no language in the Local Planning Act of 1975 which expressly requires application of I.C. §§ 67-5215(b) through (g) and 67-5216 to rezone applications. Given that fact, it would have been better if sometime we had analyzed this issue before assuming that the appeal provisions of the Administrative Procedure Act applied to rezoning applications.