Corporation of Presiding Bishop of Church of Jesus Christ of Latter Day Saints v. Ashton

McFADDEN, Justice.

On May 20, 1958 respondent Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints, a corporation sole, referred to herein as the Church, purchased approximately seven and one half acres of land in an area later classified as a Residential (R-l) Zone by City Ordinance 852. The property is located in a residential neighborhood in the corporate limits of respondent City of Idaho Falls, referred to herein as the City. Approximately three and one half acres of this land fronting on First Street of the City was to be used to build a church building…