Category Archives: Hon. Daniel T. Eismann

Waiver of a Zoning Ordinance’s Height Restriction Requires a Variance, Not a Conditional Use Permit

Posted on April 14, 2012 by Wendy Couture

Case: Burns Holdings, LLC v. Teton County Bd. of Comm’rs, Case No. 38269-2010 Court: Supreme Court of Idaho Date Issued:  January 25, 2012 Judge: Opinion Author:  Eismann, Justice Concurring in Opinion: Burdick, Chief Justice; J. Jones, Justice; W. Jones, Justice; … Continue reading →

Posted in Conditional Use Permit, Hon. Daniel T. Eismann, IDAHO BUSINESS LAW TOPIC, Idaho Code 67-6516, LAND USE, OPINION AUTHOR, Renee Karel, SUMMARY AUTHOR, Variance | Comments Off

An Agreement Requiring a Property Owner to Construct and Maintain “A First Class Shopping Center” on the Property Does Not Require Every Lot to Contain Such a Shopping Center

Posted on December 3, 2011 by Wendy Couture

Case: Jacklin Land Company v. Blue Dog RV, Docket No. 37076 Court: Supreme Court of Idaho Date Issued: June 29, 2011 Justices: Opinion Author: Eismann, Chief Justice Concurring in Opinion: Burdick, Justice; W. Jones, Justice; Horton, Justice Issue: Whether an … Continue reading →

Posted in Hon. Daniel T. Eismann, IDAHO BUSINESS LAW TOPIC, Jane Gordon, LAND SALES, OPINION AUTHOR, Restrictive Covenants, SUMMARY AUTHOR | Comments Off

CC&R Provisions Apply to Lots if an Agreement Incorporates Them By Reference, Even if an Earlier Amendment to the CC&R’s Rendered Them Inapplicable to the Lots

Posted on December 3, 2011 by Wendy Couture

Case: Jacklin Land Company v. Blue Dog RV, Docket No. 37076 Court: Supreme Court of Idaho Date Issued: June 29, 2011 Justices: Opinion Author: Eismann, Chief Justice Concurring in Opinion: Burdick, Justice; W. Jones, Justice; Horton, Justice Issue: If an … Continue reading →

Posted in CC&Rs, Hon. Daniel T. Eismann, IDAHO BUSINESS LAW TOPIC, LAND SALES, Nolan Sorensen, OPINION AUTHOR, Restrictive Covenants, SUMMARY AUTHOR | Comments Off