Latest Case: Hungate v. Bonner County (Real Estate & Property Law)

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Hungate v. Bonner County

Docket: 46114

Opinion Date: February 25, 2020

Judge: Bevan

Areas of Law: Real Estate & Property Law, Zoning, Planning & Land Use

The Board of County Commissioners for Bonner County, Idaho (“Board”) granted Stejer’s, Inc.’s request for three variances (“the Variances”) from applicable lot setbacks required by the Bonner County Revised Code. Neighboring land owners, Frank Hungate and Thomas Hungate, as trustees of the Hungate Trust, the A&E Family L.L.C., Anne Ashburn, Eleanor Jones, Frank Hungate, and John Hungate (collectively “the Hungates”) appealed the Board’s decision. The district court held that the Board erred in approving the Variances, but ultimately affirmed the Board’s decision after it determined that the Hungates failed to show that their substantial rights were prejudiced. The Hungates appealed to the Idaho Supreme Court. Finding no reversible error, the Supreme Court affirmed.