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FOSTER v. CITY OF ST. ANTHONY

Nos. 19675, 19866.

841 P.2d 413 (1992)

122 Idaho 883

Blaine FOSTER and Votis Foster, husband and wife, Plaintiffs-Appellants, v. CITY OF ST. ANTHONY, a municipal corporation, Defendant-Respondent. Steve ZUNDEL and Judy Zundel, husband and wife; and David Murdoch and Yvonne Murdoch, husband and wife; as representative parties of the property owners of the City of St. Anthony, Plaintiffs-Appellants, v. The CITY OF ST. ANTHONY, a municipal corporation, Defendant-Respondent, v. The STATE of Idaho, By and Through the DEPARTMENT AND BOARD OF CORRECTIONS, Defendant-Intervenor-Respondent.

Supreme Court of Idaho, Idaho Falls, September 1992 Term.

Rehearing Denied December 15, 1992.

Attorney(s) appearing for the Case

Daniel L. Hawkley, Boise, for plaintiffs-appellants.

Hoopes & Thomson, Chtd., Rexburg, for defendant-respondent City of St. Anthony. Karen L. Rogers argued.

Larry EchoHawk, Atty. Gen.; and Robert R. Gates and Michael R. Jones, Boise, for defendant-intervenor-respondent State of Idaho. Michael R. Jones argued.

JOHNSON, Justice.

The two cases that are before us in this appeal are primarily zoning cases. We are also required to address questions of municipal law, administrative law, claim preclusion, and the award of attorney fees.

I.

BACKGROUND AND PRIOR PROCEEDINGS

On December 20, 1989, the City of St. Anthony leased an unused hospital owned by the city to the State of Idaho for use as a correctional facility. The city contends

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