UIdaho Law Digital Commons @ UIdaho Law Idaho Supreme Court Records & Briefs 6-18-2008 Gardiner v. Boundary County Bd. Of Com'rs Clerk's Record v. 1 Dckt. 35007 Follow this and additional works at: https://digitalcommons.law.uidaho.edu/ idaho_supreme_court_record_briefs Recommended Citation "Gardiner v. Boundary County Bd. Of Com'rs Clerk's Record v. 1 Dckt. 35007" (2008). Idaho Supreme Court Records & Briefs. 2011. https://digitalcommons.law.uidaho.edu/idaho_supreme_court_record_briefs/2011 This Court Document is brought to you for free and open access by Digital Commons @ UIdaho Law. It has been accepted for inclusion in Idaho Supreme Court Records & Briefs by an authorized administrator of Digital Commons @ UIdaho Law. For more information, please contact [email protected]. IN THE SUPREME COURT OF THE STATE OF IDAHO PATRICK GARDINER AND ADA ) SUPREME COURT NO. 35007 GARDINER, husband and wife ) ) PlaintiffsIRespondents, ) District Court No. CV 2006 339 vs. ) 1 BOUNDARY COUNTY BOARD ) OF COMMISSIONERS, 1 ) DefendantsIAppellants. ) CLERK'S RECORD ON APPEAL Appeal from the District Court of the First Judicial District of the State of ldaho, in and for the County of Boundary. HON. JAMES R. MICHAUD Senior District Judge Paul William Vogel Philip H. Robinson PO Box 1828 PO Box 1405 Sandpoint, ldaho 83864 Sandpoint, ldaho 83864 ATTORNEY FOR APPELLANT ATTORNEY FOR RESPONDENT CLERK'S RECORD ON APPEAL I TABLE OF CONTENTS REGISTER OF ACTIONS PETITION FOR JUDICIAL REVIEW Filed September Ilth, 2006 ORDER GOVERNING JUDICAL REVIEW Filed September lgth,2006 NOTICE OF LODGING OF TRANSCRIPT AND RECORD Filed September 25'h, 2006 OBJECTION TO AMENDED NOTICE OF LODGING OF TRANSCRIPT AND RECORD Filed November znd,2006 SUPPLEMENTAL OBJECTION TO AMENDED NOTICE OF LODGING OF TRANSCRIPT AND RECORD Filed November 3rd.2006 STIPULATION AS TO RECORD Filed November 2lSt,2006 MINUTE ENTRY Filed March 121h, 2007 STIPULATION RE: SETTLEMENT OF RECORD Filed March 13th AMENDED NOTICE OF LODGING OF TRANSCRIPT AND RECORD Filed March 14'" 2007 AMENDED NOTICE OF LODGING OF TRANSCRIPT AND RECORD Filed March 14'~,2007 AMENDED NOTICE OF LODGING OF RECORD Filed March 14'~,2007 NOTICE OF FILING OF TRANSCRIPT AND RECORD Filed March 14'~.2007 MEMORANDUM IN SUPPORT OF APPELLANTS' PETITION FOR JUDICIAL REVIEW Filed April 17'~,2007 MEMORANDUM IN OPPOSITJON OF APPELLANTS' PETITION FOR JUDICAL REVIEW Filed June ls', 2007 MEMORANDUM OF POINTS AND AUTHORITIES Filed August lS',2007 REQUEST FOR JUDICIAL NOTICE Filed August lSt,2007 TABLE OF CONTENTS II DECLARATION OF ADA GARDINER Filed August lSt,2007 REPLY TO MEMORANDUM IN OPPOSITION TO APPELLANTS' PETITION FOR REVIEW Filed August lS', 2007 MINUTES Dated October 25'h, 2007 MEMORANDUM OPINION AND ORDER SETTING ASIDE SPECIAL USE PERMIT Filed January 4'h, 2008 MEMORANDUM AND AFFIDAVIT RE: ATTORNEY FEES AND COSTS Filed January 14'~,2008 OBJECTION TO ATTORNEY GEES AND COSTS Filed January 24'h, 2008 MEMORANDUM AND ARGUMENT IN SUPPORT OF PETITIONERS' FEE AND COSTS MEMORANDUM Filed January 30'~,2008 MINUTES Dated January 3lS" 2008 NOTICE OF APPEAL Filed February 13'~,2008 ATTORNEY FEE MEMORANDUM Filed February 15'~,2008 ORDER Filed February 22"d, 2008 AMENDED NOTICE OF APPEAL Filed Mach 5th, 2008 ORDER CORRECTING MEMORANDUM AND ORDER Filed April 4'h, 2008 MEMORANDUM OPINION AND ORDER SETTING ASIDE SPECIAL USE PERMIT Filed April 4'h, 2008 MEMORANDUM OPINION AND ORDER AWARDING ATTORNEY FEES AND COSTS Filed April 16", 2008 TABLE OF CONTENTS CLERK'S INDEX AMENDED NOTICE OF APPEAL Filed Mach 5'h, 2008 AMENDED NOTICE OF LODGING OF RECORD Filed March 14'~,2007 AMENDED NOTICE OF LODGING OF TRANSCRIPT AND RECORD Filed March 14'~,2007 AMENDED NOTICE OF LODGING OF TRANSCRIPT AND RECORD Filed March 14'~,2007 ATTORNEY FEE MEMORANDUM Filed February 15'~,2008 DECLARATION OF ADA GARDINER Filed August IS',2007 MEMORANDUM AND AFFIDAVIT RE: ATTORNEY FEES AND COSTS Filed January 14'~,2008 MEMORANDUM AND ARGUMENT IN SUPPORT OF PETITIONERS' FEE AND COSTS MEMORANDUM Filed January 3oth,2008 MEMORANDUM IN OPPOSITION OF APPELLANTS' PETITION FOR JUDICAL REVIEW Filed June lS', 2007 MEMORANDUM IN SUPPORT OF APPELLANTS' PETITION FOR JUDICIAL REVIEW Filed April 17'~,2007 MEMORANDUM OF POINTS AND AUTHORITIES Filed August lSt,2007 MEMORANDUM OPINION AND ORDER AWARDING ATTORNEY FEES AND COSTS Filed April 16'h, 2008 MEMORANDUM OPINION AND ORDER SETTING ASIDE SPECIAL USE PERMIT Filed January 4'h, 2008 MEMORANDUM OPINION AND ORDER SETTING ASIDE SPECIAL USE PERMIT Filed April 4'h, 2008 MINUTE ENTRY Filed March 12'~,2007 MINUTES Dated January 3lSt,2008 CLERK'S INDEX IV MINUTES Dated October 25th, 2007 NOTICE OF APPEAL Filed February 13'~,2008 NOTICE OF FILING OF TRANSCRIPT AND RECORD Filed March 14'~,2007 NOTICE OF LODGING OF TRANSCRIPT AND RECORD Filed September 25th, 2006 OBJECTION TO AMENDED NOTICE OF LODGING OF TRANSCRIPT AND RECORD Filed November 2"" 2006 OBJECTION TO ATTORNEY GEES AND COSTS Filed January 24", 2008 ORDER CORRECTING MEMORANDUM AND ORDER Filed April 4th, 2008 ORDER Filed February 22nd,2008 ORDER GOVERNING JUDICAL REVIEW Filed September lgth,2006 PETITION FOR JUDICIAL REVIEW Filed September 11") 2006 REGISTER OF ACTIONS REPLY TO MEMORANDUM IN OPPOSITION TO APPELLANTS' PETITION FOR REVIEW Filed August lSt,2007 REQUEST FOR JUDICIAL NOTICE Filed August lSt,2007 STIPULATION AS TO RECORD Filed ~ovember2lS', 2006 STIPULATION RE: SETTLEMENT OF RECORD Filed March 13th SUPPLEMENTAL OBJECTION TO AMENDED NOTICE OF LODGING OF TRANSCRIPT AND RECORD Filed November 3rd. 2006 CLERK'S INDEX Date: 3/27/2008 First Judicial District Court - Boundary County User: DARMSTRONG rime: 11:29 AM ROA Report Page 1 of 2 Case: CV-2006-0000339 Current Judge. Steve Verby Patrick Gardiner, etal. vs. Boundary County Commissioners patrick Gardiner, Ada Gardiner vs. Boundary County Commissioners Date Code User Judge NCOC SELENA Petition for Judicial Review Steve Verby SELENA Filing: R2 -Appeals And Transfers For Judicial Steve Verby Review To The District Court Paid by: Paul Vogel Receipt number: 0003198 Dated: 911 112006 Amount: $78.00 (Check) APER SELENA Plaintift Gardiner, Patrick Appearance Paul W. Steve Verby Vogel APER SELENA Plaintiff: Gardiner, Ada Appearance Paul W. Steve Verby Vogel ORDR SELENA Order Governing Judicial Review Steve Verby NOTC SELENA Notice of Lodging of Transcript and Record Steve Verby MISC SELENA Objection to Amended Notice of Lodging of Steve Verby Transcript and Record MISC SELENA Supplemental Objection to Amended Notice of Steve Verby Lodging of Transcript and Record STlP SELENA Stipulation as to Record Steve Verby BONT TAClE Bond Posted for Transcript (Receipt 864 Dated Steve Verby 3/12/2007 for 302.25) ME TAClE *Minute Entry+Re: TranscripffRecord Bond Steve Verby STlP SELENA Stipulation Re: Settlement of Record Steve Verby NOTC SELENA Amended Notice of Lodging of Transcript and Steve Verby Record NOTC SELENA Amended Notice of Lodging of Transcript and Steve Verby Record NOTC SELENA Amended Notice of Lodging of Record Steve Verby MlSC SELENA Administrators Record Steve Verby MlSC SELENA Administrators Record Steve Verby MlSC SELENA Amendment to Record Steve Verby TR AN SELENA Agency's Transcript and Certified Copy of Steve Verby Minutes of 8/7/06 SELENA Agency's Transcript and Certified Copy of Steve Verby Commissioner Minutes from 7/24/06 and CD of 7/24/06 AND 8/7/06 Hearings Before Commissioners MlSC SELENA Amendment to Transcript Steve Verby MlSC SELENA Supplemental Amendment to Transcript Steve Verby NOTC SELENA Notice of Filing of Transcript and Record Steve Verby BNDV TAClE Bond Converted (Transaction number 115 dated Steve Verby 4/4/2007 amount 297.00) BNDE TAClE Transcript Bond Exonerated (Amount 5.25) Steve Verby MEMO TACIE Memorandum In Support Of Appellants' Petition Steve Verby For Judicial Review MEMO TAClE Memorandum In Opposition Of Appellant's Steve Verby Petition For Judicial Review I late: 5/5/2008 First Judicial District Court - Boundary County User: DARMSTRONG rime: 02:48 PM ROA Report 'age 2 of 2 Case: CV-2006-0000339 Current Judge: Steve Verby Patrick Gardiner, eta1 vs Boundary County Commissioners Patrick Gardiner, Ada Gardiner vs. Boundary County Commissioners Code User Judge HRSC TAClE Hearing Scheduled (Oral Argument 09/06/2007 Steve Verby 11:30 AM) TAClE Notice Of Hearing Steve Verby CONT TAClE Continued (Oral Argument 10/25/2007 01:30 Steve Verby PM) TACl E Amended Notice Of Hearing Steve Verby REQT TACIE Request For Judicial Notice Steve Verby MEMO TACIE Memorandum Of Points And Authorities Steve Verby INHD TAClE Hearing result for Oral Argument held on James R. Michaud 10/25/2007 01:30 PM: Interim Hearing Held *LOG TAClE #7-1-139 James R. Michaud MEMO TAClE Memorandum And Opinion And Order Setting James R. Michaud Aside Special Use Permit TAClE Civil Disposition entered for: Boundary County James R. Michaud Commissioners, Defendant; Gardiner, Ada, Plaintiff; Gardiner, Patrick, Plaintiff. order date: 1/4/2008 MEMO TAClE Memorandum And Affidavit Re: Attorney Fees Steve Verby And Costs MlSC TAClE Objection To Attorney Fees And Costs Steve Verby MEMO DARMSTRONG Memorandum and Argument in Support of Steve Verby Petitioner's Fee and Cost Memorandum DPHR JAMIE Hearing result for Oral Argument held on Steve Verby 01/31/2008 08:30 AM: Disposition With Hearing RespondenPs Objection to Attorney Fees and costs *LOG JAMIE Bonner County Minutes-No CD Steve Verby NOTH JAMIE Notice Of Hearing Steve Verby HRSC JAMIE Hearing Scheduled (Oral Argument 01/31/2008 Steve Verby 08:30 AM) Respondent's Objection to Attorney Fees and Costs APSC TACIE Appealed To The Supreme Court Steve Verby NOTC TACIE Notice Of Appeal Steve Verby MEMO JAMIE Attorney Fee Memorandum Steve Verby ORDR DARMSTRONG Order (Amended Notice of Appeal) Steve Verby NOTC DARMSTRONG Amended Notice of Appeal Steve Verby MEMO TACIE Memorandum Opinion And Order Setting Aside James R. Michaud Special Permit (Corrected) ORDR TACIE Ordercorrecting Memorandum Opinion And James R. Michaud Order MEMO DARMSTRONG Memorandum Opinion and Order Awarding Steve Verby Attorney Fees and Costs PAUL WILLIAM VOGEL, P.A.