In re Jerome County Board of Commissioners, 153 Idaho 298 (Idaho Sup. Ct. 2012)

(feedlot operator applied for permit to operate 8,000-head confined animal feeding operation (CAFO) on 1,204 acres on land zoned agricultural that was approximately 1.25 miles from National Historic Site; county board of commissioners denied permit on basis that CAFO inconsistent county's comprehensive plan; trial court reversed on basis that application complete, CAFO to be constructed on land zoned "ag" and that board could not consider county comprehensive plan; on reconsideration, board approved permit and disaffected landowners and activist groups appealed; trial court determined that many petitioners lacked standing, and those that had standing did not prove constitutional or other violations and dismissed case; on further review, state Supreme Court court determined that all parties except one had standing on basis that standing conferred under state law on "one who has an interest in real property which may be adversely affected by the issuance or denial of a permit authorizing development"; such provision applied to individuals owning a residence within one mile radius of proposed CAFO; no violation of due process rights; "one mile radius" rule did not violate constitutional equal protection requirement because it was attempt by government to preserve efficiency and expediency in permitting process which was a legitimate government purpose; comprehensive plan not a legally controlling zoning law that required strict compliance by board, thus court deferred to board's interpretation of its own ordinances with court determined were not arbitrary, capricious or unreasonable; permit grant upheld).