(Download) "Tyrolean Associates v. City Ketchum and" by Supreme Court of Idaho No. 13015 " eBook PDF Kindle ePub Free
eBook details
- Title: Tyrolean Associates v. City Ketchum and
- Author : Supreme Court of Idaho No. 13015
- Release Date : January 13, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
The City of Ketchum appeals a district court decision holding that its zoning ordinance is unconstitutional. In April 1974 the City of Ketchum passed a comprehensive zoning ordinance. Plaintiff-respondent, as owner of the Tyrolean Lodge Motel, maintains an off-site sign in the public right-of-way on Main Street in Ketchum. The sign does not conform to the standards of the Ketchum ordinance because, among other things, it is an off-site sign maintained in the public right-of-way without required permits from the City. When the City refused to grant plaintiff a variance permitting the retention of the sign, plaintiff filed suit seeking to declare the ordinance unconstitutional. The district court held that the ordinance, as applied to the Tyrolean off-site sign, constitutes a taking of private property without just compensation. Before claiming that the Ketchum City Ordinance is a taking of private property without just compensation, Tyrolean Associates must first establish a vested property right in the sign. Kohlasch v. New York State Thruway Authority, 460 F.Supp. 956 (S.D.N.Y.1978); see Snyder v. State, 92 Idaho 175, 438 P.2d 920 (1968); Bare v. Department of Highways, 88 Idaho 467, 401 P.2d 552 (1965); U.S.Const. amends. V, XIV; Idaho Const. art. 1, § 14. It is well established in Idaho that a city has exclusive control over its streets, highways and sidewalks within its municipal boundaries. City of Nampa v. Swayne, 97 Idaho 530, 547 P.2d 1135 (1976); Snyder v. State, supra; Yellow Cab Taxi Service v. City of Twin Falls, 68 Idaho 145, 190 P.2d 681 (1948). A city has no right to grant to an individual the permanent use of a public street. Boise v. Sinsel, 72 Idaho 329, 241 P.2d 173 (1952). Furthermore, no one has a vested right to use the streets and public rights-of-way for private gain. Yellow Cab Taxi Service v. City of Twin Falls, supra. A fortiori no right to use public property for private purposes can be acquired by prescription or acquiescence against a municipality.