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On January 24, 1996, the district court issued an order for a hearing on February 9, 1996, 'to show cause why the above-ordered Temporary Restraining Order should not be continued during the pendency of this action.' On January 25, 1996, Brady appeared at the Homedale City Council meeting with her attorney and requested an opportunity to discuss the pending litigation. On January 22, 1996, prior to the Janumeeting, Brady filed a petition and application for writ of mandamus and motions for a temporary restraining order and a preliminary injunction in the district court.

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The city clerk informed Brady that the Januagenda was full and Brady agreed to be placed on the Januagenda. According to testimony, Brady gave no indication of why she wished her name be placed on the agenda. On January 8, 1996, Brady contacted the Homedale city clerk and requested that her *706 name be placed on the agenda for the city council meeting scheduled for January 10, 1996. Construction of the building began on the same day the building permit was issued or shortly thereafter. The Commission interpreted and defined the term 'school' as used in the Ordinance to 'include all buildings, fixtures, and/or improvements owned or built by the school district for the purpose of maintenance and operation of the school district and its property.' Based on this interpretation by the Commission, the building inspector issued a standard building permit on November 27, 1995. On November 22, 1995, the Homedale Planning and Zoning Commission ('Commission') held a meeting at the building inspector's office. The building site was located in an area zoned 'public.' The City of Homedale building inspector conditionally approved the zoning permit contingent upon the definition of the phrase 'school, elementaryhigh school,' as used in the Homedale City Ordinance ('Ordinance'). In November of 1995 the School District applied for a building permit for the construction of the facility.

The School District solicited and accepted a bid for the construction of the facility later that summer and selected a site for the new facility on the grounds of the Homedale High School. 370 ('School District') met for the purpose of allocating funds for the purchase and construction of a transportation and maintenance facility ('facility'), otherwise known as a bus barn, used to store school buses and maintain equipment owned by the School District. In July of 1995 the School Board for Homedale Joint School District No. The property owner also appeals the award of attorney fees by the district court. Brady, a resident of Homedale, Idaho, who objected to the construction of a school bus maintenance and storage facility on property across the street from her house. This is an appeal of an order from the Third District Court which denied petitions for a writ of mandamus, a temporary restraining order and a preliminary injunction.

Clayton Gill argued for Joint School District. White, Peterson, Pruss, Morrow and Gigray, P.A., Nampa Bowen, Brassey, Gardner, Wetherell & Crawford, Boise, for Defendants-Respondents. *705 Roberts & Robinson, Caldwell, for Petitioner-Appellant. Supreme Court of Idaho, Boise, May 1997 Term. 370, Homedale Planning and Zoning Commission, a political subdivision of the State of Idaho, and John Does I-V, Defendants-Respondents.

The CITY OF HOMEDALE, a political subdivision of the State of Idaho, Joint School District No.

City of homedale