Johnson v. Blaine County

EISMANN, Chief Justice.

This is an appeal from a decision approving the application for the final plat of a planned unit development. We hold that most of the issues raised cannot be addressed in this appeal because they were decided in the earlier decision approving the conditional use permit, which was a final decision from which no appeal was taken. We affirm the district court, albeit on different grounds.

I.FACTS AND PROCEDURAL HISTORY

On December 8, 2004, Clear Creek, LLC, (Clear Creek) filed with Blaine County applications for a conditional use permit (CUP), for a community housing…