Lewiston Pistol Club, Inc. v. Board of County Commissioners , 96 Idaho 137 ( 1974 )

BAKES, Justice

(concurring specially) :

While it was neither briefed nor argued on appeal, and therefore not considered by this Court, the ordinance in question may well come within the ambit of the second restriction set out in the case of State v. Clark, supra, referred to in the majority opinion, in that the ordinance in question could well be considered a zoning ordinance within the meaning of I.C. § 50-1201 et seq., as made applicable to counties by § 31-3801. In that event the procedural requirements for enacting zoning ordinances may not have been complied with. See I. C. §§ 50-1204, and 31-3802. On remand, this issue should be considered by the trial court. I.R.C.P. 54(c).