Justia Zoning, Planning & Land Use Opinion Summaries

The Idaho Department of Water Resources (Department) appealed an order of the district court that required it to strike a term from a hydropower water right license issued to the Idaho Power Company. In 1984, an agreement was entered into between Idaho Power, the State, the governor, and the attorney general, in an effort to resolve a controversy associated with the company's water rights at the Swan Falls Dam. As part of the Swan Falls agreement, the parties agreed to support legislation for the commencement of an adjudication of water rights in the Snake River Basin. One key piece of the legislation that was passed pursuant to the Swan Falls Agreement gave the Department specific authority to subordinate hydropower rights in a permit or license to the rights of subsequent upstream depletionary users. The Department was also authorized to limit a permit or license involving hydropower to a term of years. The Department issued a final order that articulated the legal basis for including the "term of years" condition in the license to Idaho Power. The Company sought judicial review of the Department's final order, arguing that the Department did not have statutory authority to include a term condition in its license. The court indeed concluded that the Department did not have the authority to limit the license. The Department appealed to the Supreme Court. Upon review, the Supreme Court found that the Department had the statutory authority to include a term condition in Idaho Power's license. The Court reversed the district court's decision.

Plaintiff-Appellant James Wylie owned a subdivision in the City of Meridian. He sought a declaration from the district court that the City and the Idaho Transportation Department improperly denied access for his property directly onto a nearby state highway. The district court dismissed Plaintiffâs complaint on the ground that he failed to present a âjusticiable issue.â The Supreme Courtâs review of the record revealed that Plaintiff acquired the land in question subject to certain conditions recorded in the plat for the subdivision. The plat listed plainly that âthe subject property does have frontage along [the state highway] but . . . not direct access [to the highway].â The Court reasoned that Plaintiff failed to bring an issue for the Court to resolve since Plaintiffâs recorded deed clearly listed the frontage road as access to his property. Therefore, the Court reasoned that the case was ânon-justiciableâ and affirmed the lower courtâs decision to dismiss Plaintiffâs case.

In October 2008, the Idaho Power Company filed an application with the Idaho Public Utilities Commission (IPUC) to modify its tariff. Some of the proposed amendments applied to the relocation of utilities facilities within public rights-of-way. The City of Nampa and the Association of Canyon County Highway Districts intervened in the proceedings, and each objected to the Companyâs proposed amendments to the tariff. The IPUC approved the amendments, and Ada County Highway District (ACHD) filed a petition or reconsideration and clarification. Specifically, ACHD argued that the IPUC exceeded its authority in approving the amendments and that portions of the amended tariff were âan unlawful attempt to amend or abrogate the common law rule requiring a utility to relocate its facilities placed in a public right-of-way at its expense.â Upon review, the Supreme Court found that the IPUC exceeded its authority in determining utilities relocation within public rights-of-way. The Court set aside the amended tariff.

Petitioners-Appellants Douglas and Michelle Stafford obtained a building permit to construct an addition to their residence on Lake Coeur d'Alene in Kootenai County. A framing inspector advised the Appellants' contractor that they would not receive a certificate of occupancy because the landscaping violated the County site disturbance ordinance. The ordinance provided that lots with frontage on the Lake maintain a 25-foot natural vegetation buffer from the water line. Appellants were served a notice of violation of the ordinance, and were directed to prepare a remediation plan to return a portion of the property back to its natural state. Because Appellants were in violation of the site disturbance violation, the zoning board withheld an occupancy permit for Appellants' entire residence. They appealed to the district court which upheld the zoning board. On review, the Supreme Court found problems with the overlapping zoning ordinances in place at the time Appellants sought to develop their property. Appellants argued that the board cited them under the wrong ordinance. But the Court found no statute granting judicial review of administrative proceedings enforcing a zoning ordinance. The Court vacated the district court decision and remanded this case to dismiss Appellants' petition for judicial review.