John I. Burt v. City Idaho Falls

This controversy involves the annexation of approximately 68.78 acres of land by the city of Idaho Falls. The annexation was requested by several owners of the land. The City Planning and Zoning Commission and the City Council conducted hearings and other required procedures preliminary to annexation, zoning and amendment of its Comprehensive Plan. The annexed land was then zoned C-1 (commercial) by the city. The land had been previously zoned by the county as R-1 (single-family residential). The appellant, John I. Burt, claims to be a resident of Idaho Falls whose dwelling is located within approximately one block of the annexed land. Burt also contends that he is a proper representative of more than 800 other residents and property owners of the city who have been adversely affected by the city's actions. Seeking review of the city's actions, Burt on his own behalf as well as that of others filed a Notice of Appeal and Petition for Review in the district court under I.C. §§ 67-6521, 67-5215 and I.R.C.P. 83(c).