(DOWNLOAD) "Ben Lomond v. City Idaho Falls" by Supreme Court of Idaho No. 10094 * eBook PDF Kindle ePub Free
eBook details
- Title: Ben Lomond v. City Idaho Falls
- Author : Supreme Court of Idaho No. 10094
- Release Date : January 06, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 81 KB
Description
Appellant, Ben Lomond, Inc., the plaintiff below, instituted this action initially for a writ of mandamus to compel the defendant
City of Idaho Falls to issue a building permit for construction of a service station on its property. Appellant's property,
the subject of this action, is a tract 110' x 125' with an adjoining easement. The tract fronts on what is now 17th Street
of the City of Idaho Falls, and is a part of a larger tract initially owned by appellant. By amended pleadings appellant later
sought declaratory relief against the City to determine the constitutionality of certain city ordinances, and for injunctive
relief to compel issuance of building permit for either a service station or a drive-in restaurant on its premises. Very briefly, the facts disclosed by the record reflect that Norman Thompson, initially in February 1960 acquired an option
on a ten acre tract of Bonneville County, adjacent to the city limits of Idaho Falls. (This tract was later annexed by the
City on October 18, 1962 and is known as the Roy H. Bennett Shopping Center.) Thompson requested that the county zoning commission
and county commissioners approve a proposed shopping center plan for this property. This plan envisioned the use of this litigated
property as a service station. The county approved the plan and zoned the tract as a residential shopping center, although
it refused to issue a building permit for the station. Because of pressing financial problems created by refusal of his financial
backer to continue with the plan, Thompson transferred his interest in the option to appellant, of which Thompson is the president.
Appellant sold the northwest part of the tract to McCarthy Investment Company, and a service station was constructed thereon.
Later appellant sold the remainder of the tract except for a parcel 150' x 660' at the east of the ten acre tract to another
individual; still later, appellant sold to Mr. Woodward all of the 150' x 660' except for the one tract of 110' x 125' now
owned by it and the subject of this litigation.