BOISE, Idaho — The years-long legal battle over Interfaith Sanctuary's move to a new Boise shelter continues. Friday, the Idaho Supreme Court heard arguments about whether the City of Boise had grounds to approve the project under City code.
"This has been a long, long process." Interfaith attorney Geoffrey Wardle said. "It's been three and a half years of all of these proceedings."
The Veterans Park Neighborhood Association claims the City of Boise broke code when it overturned the Planning and Zoning Commission's original ruling against the project in 2022. The nonprofit is renovating a building on West State Street so it can house more people in need.
"We need that shelter for us homeless," Gwen Dominy said, "because there are a lot of us still on the street that don't have a roof over our head."
The association appealed to the Idaho Supreme Court after a lower court judge sided with the City in June of 2023 once again alleging P&Z made a mistake.
"The council's actions are being challenged as being made in violation of law," the association's lawyer said during the hearing.
Each side had the floor for 30 minutes. Justices asked the lawyers a myriad of clarification questions during that time.
"Is your problem with the fact that City Council set conditions or that you don't like the manner of the conditions that were set?" Justice Greg Moeller asked the neighborhood association's lawyer.
"My struggle is their own code says you can only reverse the commission's decision if you find an error," Justice Colleen Zahn said to the City's lawyer. "If you find no error, you affirm the commission's decision."
After the hearing, neighborhood association President Katy Decker told KTVB she is grateful for the justice's thoroughness.
"It definitely sounded like the Supreme Court justices were really engaging with some of the questions that we have put forward in our court briefs," Decker said.
The Supreme Court will deliberate and make a decision when it is ready. Meantime, Interfaith will move forward with renovations. The issue will go back down to City Council if the court sides with the neighborhood association.
Gwen Dominy hopes Council is in the clear.
"If I didn't have Interfaith, honestly, I would not be living right now," she said. "People need to understand where we're coming from, but the people on State Street, they don't get what we've been through."
Decker pushed back on claims that the association is against unhoused people.
"I don't think that follows the issue at hand if the City wasn't able to approve a shelter in a residential neighborhood based on their laws that say you can't impact the surrounding properties," Decker said. "I think as we said from the beginning, you need to find a more appropriate place for a shelter."