Wilson v. Board of County Commissioners

HILL, Justice.

[T1] On May 7, 2004, Appellants, Phillip and Freddie Wilson (Wilsons), filed a declaratory judgment action seeking a declaration from the district court; (1) That Division 4300 of the Teton County Comprehensive Plan and Land Development Regulations (LDR or LDRs) (entitled "Open Space Standards"), which requires a developer to set aside open space within any proposed residential subdivision development is facially unconstitutional (as a taking without compensation) and, hence, unenforceable; (2) that Section 4880.D.8., which requires the developer to convey an easement for any…