50 P.3d 488 (Idaho 2002), 26881, Thomson v. City of Lewiston
|Citation:||50 P.3d 488, 137 Idaho 473|
|Opinion Judge:||TROUT, Chief Justice.|
|Party Name:||Brent THOMSON, Plaintiff-Appellant, v. CITY OF LEWISTON; Urban Renewal, Agency, City of Lewiston, Defendant-Respondent.|
|Attorney:||[137 Idaho 475] Edwin L. Litteneker, Lewiston, for appellant. Clements, Brown & McNichols, Lewiston, for respondent. Bentley G. Stromberg argued.|
|Case Date:||July 01, 2002|
|Court:||Supreme Court of Idaho|
[Copyrighted Material Omitted]
NATURE OF THE CASE
This is an appeal from the district judge's dismissal based on lack of standing, of Appellant Brent Thomson's (Thomson) complaint seeking a declaratory judgment invalidating the City of Lewiston's (City) creation of an urban renewal plan (Plan) pursuant to Chapter 20, Title 50, Idaho Code. We affirm.
FACTUAL AND PROCEDURAL HISTORY
On October 18, 1999, the City adopted Resolution No. 99-75, which found that deteriorated or deteriorating conditions existed within the City that were in need of rehabilitation, conservation, or redevelopment. The Resolution also created an entity called the Urban Renewal Agency (Agency) to function within the City. On November 15, 1999, the City adopted Resolution 99-85, declaring that the "Nez Perce Terrace Urban Renewal Area # 1" was a deteriorated or deteriorating area, as defined by Idaho Code §§ 50-2018 and 50-2903. Resolution 99-85 also designated this area to be an urban renewal area pursuant to Idaho Code, Title 50, Chapter 20, and the Local Economic Development Act, and directed the Agency to develop an urban renewal plan for that area.
The Agency created a Plan, which called for the development of a business and technology park within the area. The Plan called for funding in excess of ten million dollars, with funds to be generated from grants, private investors, private-public financing, local public investment, and tax increment financing. The City held a public hearing on adoption of the Plan on January 10, 2000, and on January 31, 2000, it enacted Ordinance No. 4261 (Ordinance), which approved the Plan.
On February 18, 2000, Thompson filed a complaint in the 2nd Judicial District Court alleging that "Plaintiff is a resident and tax payer in the City of Lewiston, Nez Perce County, Idaho, and a person of interest pursuant to the provisions of § 50-2027 Idaho Code." The complaint claims the Ordinance is invalid because the area covered by the Plan does not meet the statutory definition of "deteriorating condition" for open land, as defined by Idaho Code § 50-2008(d) and thus, the City lacked authority to adopt the Ordinance enacting the Plan. The complaint prays for relief in the form of "a declaratory judgment invalidating Lewiston City Council Ordinance 4261 and prohibiting the City of Lewiston and the Urban Renewal Agency from further proceeding with the implementation thereof, and for such other and further relief as may be just."
Thereafter, the City filed a motion to dismiss pursuant to I.R.C.P. 12(b)(1) and 12(b)(6), claiming that Thomson lacked standing to challenge the Ordinance. The district judge treated the motion as a motion for summary judgment because exhibits were submitted for consideration with the motion, together with other documents considered by the judge in making his ruling. The district judge granted the City's motion on August 10, 2000, and Thomson appealed to this Court.
STANDARD OF REVIEW
In an appeal from an order granting summary judgment, this Court's standard
[137 Idaho 476] of review is the same as the standard used by the district court in passing upon a motion for summary judgment. McDonald v. Paine, 119 Idaho 725, 810 P.2d 259 (1991); Meridian Bowling Lanes v. Meridian Athletic Ass'n, Inc., 105 Idaho 509, 670 P.2d 1294 (1983). Summary judgment is appropriate if the pleadings, affidavits, and discovery documents on file with the court, read in a light most favorable to the nonmoving party, demonstrate no material issue of fact such that the moving party is entitled to a judgment as a matter of law. See I.R.C.P. 56(c); Badell v. Beeks, 115 Idaho 101, 102, 765 P.2d 126, 127 (1988). "In making this determination, all allegations of fact in the record, and all reasonable inferences from the record are construed in the light most favorable to the party opposing the motion." City of Kellogg v. Mission Mountain Interests...
To continue readingFREE SIGN UP