(Download) "Cole-Collister Fire Protection District V." by Supreme Court of Idaho No. 10320 " eBook PDF Kindle ePub Free
eBook details
- Title: Cole-Collister Fire Protection District V.
- Author : Supreme Court of Idaho No. 10320
- Release Date : January 10, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
The plaintiff-respondent, Cole-Collister Fire Protection District, owns a vacant parcel of real property located on the Northwest
corner of the intersection of Cole and Ustick Roads in the City of Boise. Pursuant to I.C. § 50-1201 et seq., Boise
City zoned the property in question "L-O" or "Limited Office District."[Footnote 1] This designation precludes the erection
of a gasoline station on property situated within the "L-O" zone.[Footnote 2] The respondent originally purchased the property
in question for use as a fire station. However the need for a fire station in this area became obviated and at present respondent
wishes to dispose of the property. Respondent received an offer from Standard Oil of California to purchase the parcel for
$27,000.00 conditioned on the right of Standard Oil to construct a gasoline filling station thereon. As heretofore stated,
a gas station is not a "permissible use" in a zone designated "L-O." At the trial testimony was presented which indicated
that respondent advertised the property for sale, but received no offers to purchase except the one from Standard Oil. There
is no testimony of record that indicates respondent's property is useless or of no economic value if it is not used as a gasoline
station; however there is testimony that respondent's land is worth only $12,000.00 to $15,000.00 so long as the restrictions
of a "L-O" zone apply while it is worth $27,000.00 to $30,000.00 if a gasoline station could be erected upon it. The record
reveals that although Boise City has zoned the respondent's land in question and adjoining parcels "L-O," thus prohibiting
the use of land so zoned for commercial purposes, it has in fact permitted commercial establishments (gas station, drive-in
restaurant, health and beauty salon, animal hospital) to exist in proximity to the property in question under the doctrine
of non-conforming use.[Footnote 3] In fact all of the "L-O" district except for the lot in question is made up of non-conforming
establishments having life expectancies in excess of fifteen to twenty years. The record further reveals that both streets
bordering the corner parcel in question are major traffic arterials and furthermore that the parcel would be unsuited and
undesirable as residential property or as an office location. The gravamen of the complaint was that because of the location of the property in question which is surrounded by commercial
establishments (permitted to exist under the doctrine of non-conforming use) and roadways carrying heavy traffic, such property
is not desirable as "L-O" zone property, i. e., offices, accessory uses related to offices, mortuary, nor for any of the authorized
conditional uses, assuming that a conditional use permit was applied for and approved. Thus the property has a limited value
as long as it is classified "L-O." However the property does have considerably greater value as the location for a gasoline
filling station. For this reason the "L-O" zoning classification imposed on respondent's property was alleged to be unreasonable,
arbitrary, and capricious, depriving him of his property without due process of law in violation of rights afforded under
both the United States and Idaho Constitutions.
 "Cole-Collister Fire Protection District V." by Supreme Court of Idaho No. 10320 " eBook PDF Kindle ePub Free){kind=link}