BOISE, Idaho — It is business as usual on the 38-acre plot of land – recently branded Prominence Development – in northwest Boise despite a 2019 error in the Boise City Council process to rezone land.
State law requires governing agencies to provide a written 'reason explanation' regarding the approval or denial of land-use applications. The statement must be detailed enough to explain facts in dispute.
The Supreme Court opinion details the city council failed to meet that standard. The North West Neighborhood Association (NWNA) has fought the development since its inception.
"They invalidated the decision of city council back in 2019. That included the rezone, the planned unit development and the subdivision," NWNA Richard Llewellyns said. "[But the construction] is moving faster. Faster than ever."
The City of Boise is not planning to pause, or stop, the construction. Multiple homes are already built on the land.
The court's opinion validated the City of Boise violated NWNA's due process rights by offering a reason statement containing "no findings of fact." However, the opinion also explains NWNA's rights were not "prejudiced," meaning there is not a strong enough standing to reverse city council's decision amid the errors.
"Our Legal Department is working on revised findings to include the details the Supreme Court is looking for. Once the official order is received, the revised findings will be reviewed by city council at their next available meeting," a City of Boise spokesperson wrote KTVB in an email. "Because the Supreme Court did not find fault with the public hearing process or anything else leading up to the 2019 decision, the grading and construction currently happening at the site can continue."
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