County of Ada, Board of County Com'rs v. Walter , 96 Idaho 630 ( 1975 )

BAKES, Justice

(concurring specially):

I concur in the result reached in this case in view of the finding by the trial court and concurred in by the majority that after having made his agreement with the zoning authority, the appellant then moved an additional mobile home onto the property, thus breaching what was his own agreement with the zoning authority. While appellant denies that there were more mobile homes on the property than agreed upon, and while there is some question in the record whether in fact he did, there is evidence to support this conclusion of the trial court and the majority. Therefore, he should hardly be able to demand that the zoning authority abide by an agreement which he himself had breached.

However, for the record, I think it is important to point out to zoning officials that zoning ordinances cannot be selectively applied unless it is pursuant to a variance set out in the ordinance and based upon ascertainable standards fixed by the ordinance. The indiscriminate application of zoning ordinances among citizens surely violates the equal protection of the laws guaranteed by the Fourteenth Amendment of the United States Constitution. Where zoning authorities choose to ignore provisions of a zoning ordinance except in selected cases where differences arise between landowners and the zoning authorities, such a zoning ordinance, selectively applied, would be unenforceable as a violation of the Fourteenth Amendment of the United States Constitution.