Justia Idaho Supreme Court Opinion Summaries

Coeur d'Alene Paving, Inc. (CDA Paving) leased several parcels of real property in Kootenai County from Beacon West, LLC. Approximately thirty acres of this leased property was zoned for mining activity. CDA had an interest in two undeveloped parcels that were initially zoned for agricultural use. The two agricultural parcels bordered the mining-parcel, but were not adjacent to it. In January 2008, CDA Paving submitted an application to the Kootenai County Building and Planning Department to have its two agricultural lots rezoned for mining. The Kootenai County Board of County Commissioners (BOCC) held public hearings on the application, and eventually approved the application. Several property owners located in the vicinity of the zone changes, including Appellant Linda Ciszek, petitioned the district court for a declaratory judgment, alleging the zone change was invalid. The district court granted summary judgment in favor of CDA Paving, holding that the BOCC had the authority to amend its zoning map. Appellants raised multiple issues with the district court's decision. Principal among their arguments to the Supreme Court was that the BOCC lacked statutory authority to approve a zoning application as it had for CDA Paving. The Supreme Court found all of Appellants' arguments persuasive, and affirmed the district court's decision. View "Ciszik v. Kootenai County Bd of Commissioners" on Justia Law

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 Company’s 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 “an 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.” 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. View "Ada County Highway Dist. v. Idaho Public Utilities Comm’n " on Justia Law

In October 2008, the Idaho Power Company (Company) filed an application with the Idaho Public Utilities Commission (IPUC) seeking to modify its “line extension” tariff that applied to requests for electrical service that required the installation, alteration, relocation, removal or attachment of company-owned distribution facilities. As homes are constructed in a subdivision, the homeowner requests to be connected to power, and the Company installs wiring from a transformer to the house at no cost to the homeowner. The cost of constructing new distribution facilities had been paid partially from up-front capital contributions from developers, and partially from electric rates charged to all customers. Under the old tariff, the Company gave developers a “line installation allowance” to offset a portion of the developers’ costs in having the Company construct distribution facilities. The allowance was equal to the Company’s cost of providing and installing transformers within the subdivision. Per-lot refunds were refunded to the developer when a permanent residence connected to electrical service and occupied a lot within five years. The per-lot refunds could be as much as $800 each. In this proceeding, the Company sought to change line installation allowances to fixed sums. It also wanted to eliminate the per-lot refunds. The Building Contractors Association of Southwestern Idaho filed a petition to intervene in the proceeding. The Contractors sought to increase per-lot refunds. The IPUC granted the Company’s request to change the line extension allowance to a fixed sum. The Contractors asked the IPUC to reconsider tariff change, but the IPUC denied the request. On appeal to the Supreme Court, the Contractors challenged the sufficiency of the evidence presented by the Power Company to support the tariff change. Finding the evidence sufficient to support the IPUC’s decision, the Supreme Court affirmed the IPUC’s decision to change the power company’s tariff. View "Building Contractors Association of Southwestern Idaho v. Idaho Public Utilities Comm’n " on Justia Law

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 Plaintiff’s complaint on the ground that he failed to present a “justiciable issue.” The Supreme Court’s 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 “the subject property does have frontage along [the state highway] but . . . not direct access [to the highway].” The Court reasoned that Plaintiff failed to bring an issue for the Court to resolve since Plaintiff’s recorded deed clearly listed the frontage road as access to his property. Therefore, the Court reasoned that the case was “non-justiciable” and affirmed the lower court’s decision to dismiss Plaintiff’s case. View "Wylie v. Idaho Bd of Transportation" on Justia Law