917 LUSK, LLC v. City of Boise

917 Lusk, LLC appealed the Boise City Council's decision to grant a conditional use permit to Royal Boulevard Associates, LP to build an apartment complex. Royal's predecessor in interest applied for permission to build a 352,000 square foot, five-story, multi-family apartment complex called River Edge Apartments. The site of the proposed construction was near Boise State University, adjacent to the Boise River, east of Ann Morrison Park, and west of property owned by Lusk. The site was zoned Residential Office with a Design Review Overlay (R-OD). Multi-family housing was an allowed use for this location. However, the Boise City Code (BCC) required a conditional use permit (CUP) in order to construct a building more than 35 feet tall in an R-OD zone. If constructed as planned, River Edge will have been between 59 and 63 feet tall. Lusk appealed the Boise Planning and Zoning Commission's decision to the City Council, contending that the Commission's decision failed to address the requirements for a CUP. The district court affirmed the City Council's decision and Lusk appealed. Lusk argued that because the Commission did not follow the correct procedure for granting a CUP, the City Council erred in affirming the Commission's decision. The Supreme Court agreed, reversed the district court's affirmance of the City Council's approval of the Commission's decision to grant the CUP to Royal. The case was remanded for further proceedings. View "917 LUSK, LLC v. City of Boise" on Justia Law