Burns Holdings, LLC v. Teton County Board of CommissionersAnnotate this Case
Burns Holdings, LLC, desired to construct a concrete batch plant in Teton County near the City of Driggs. Burns Holdings applied to the county for a zoning change from C-3 (commercial) to M-1 (light industrial), and the county approved the zoning change on the conditions that Burns Holdings and the county execute a development agreement, that the zoning will revert back to C-3 if the project does not come to fruition, and that Burns Holdings pay the impact area application fee. The city planning and zoning department approved the conditional use permit to increase the height limitation on Burns Holdings’s property to 75 feet. The matter was then sent to the county for its approval. The county scheduled a public hearing. At that hearing, there was confusion as to whether the matter being considered was an appeal from the decision of the city planning and zoning department or a decision for the county to make, and whether the county even had jurisdiction to make the decision because of the terms of an "area of city impact" agreement. The county commissioners ultimately decided that the decision of the city department was merely a recommendation and that the county had the responsibility to decide the CUP application. The CUP was ultimately denied, and Burns Holding appealed. The issue on appeal was the district court's decision that upheld the denial of the conditional use permit. Upon review, the Supreme Court agreed with the district court's conclusion that the zoning requirements could be waived only by variance, not by a conditional use permit.