Citizens Against Linscott / Interstate Asphalt Plant v. Bonner Cnty. Bd. of Commissioners
| Citation | 483 P.3d 380,168 Idaho 323 |
| Decision Date | 22 March 2021 |
| Docket Number | Docket No. 47909 |
| Parties | CITIZENS AGAINST LINSCOTT / INTERSTATE ASPHALT PLANT, an unincorporated non-profit association organized under the laws of the State of Idaho, Petitioner-Appellant-Cross Respondent, v. BONNER COUNTY BOARD OF COMMISSIONERS, a public agency of the State of Idaho, Respondent-Cross Appellant, and Frank E. Linscott and Carol Linscott, Interstate Concrete & Asphalt Company, Intervenors-Respondents-Cross Appellants. |
| Court | United States State Supreme Court of Idaho |
This is an administrative appeal concerning whether a conditional use permit issued pursuant to an amendment to county code is valid when the amendment is subsequently found void. In addition, this case presents questions concerning the limitations on actions for judicial review of agency action brought under the Idaho Local Land Use Planning Act ("LLUPA") and the Idaho Administrative Procedure Act ("IDAPA").
Citizens Against Linscott/Interstate Asphalt Plant ("CAL") challenges a conditional use permit ("CUP") issued by the Bonner County Board of Commissioners ("the County"). The CUP was based on a recent amendment to Bonner County zoning ordinances ("the Amendment") and authorized Interstate Concrete and Asphalt Company ("Interstate") to operate an asphalt batch plant within Frank and Carol Linscott's gravel mine in Sagle, Idaho. In its petition for judicial review by the Bonner County district court, CAL challenged both the validity of the Amendment and the County's decision to issue the CUP. The district court determined that CAL had standing to file its petition for judicial review of the CUP and that CAL had timely filed its petition. However, the district court concluded that it could not declare the Amendment invalid in a proceeding for judicial review under LLUPA and IDAPA. Accordingly, the district court upheld the County's decision to grant the CUP, giving the County deference in applying its own land-use ordinances.
During the pendency of this appeal, CAL filed an action for declaratory relief before another district court judge to have the Amendment declared void. In that proceeding, the County admitted that the Amendment had been adopted without proper public notice and stipulated to a judgment and order declaring the Amendment void. On appeal of the administrative decision to this Court, CAL argues, inter alia, that the subsequent voiding of the Amendment also invalidates the CUP or that the CUP was not issued in conformity with Bonner County zoning laws.
In the small community of Sagle, Idaho, Frank and Carol Linscott own and operate a gravel pit mine on approximately 139 acres of property encompassing two parcels of land. While the Linscotts' property is currently zoned for rural use, the gravel pit predates the enactment of Bonner County's zoning code and is a grandfathered nonconforming use.1 In 1981, when Bonner County enacted its zoning code, the gravel mine was approximately seventeen acres and mining appeared to occur only on the northern parcel of land. Presently, that mine now occupies as many as 112 acres and seems to be conducted on both parcels of land.
In nearby Sandpoint, Idaho, Interstate operates an asphalt batch plant in the north of the city. This batch plant has operated since 1987 and, over the years, Interstate has received special use permits from the County to conduct temporary asphalt operations at the Linscotts' gravel pit. Operating the batch plant requires gravel from the Linscotts' mine, which is accomplished by large gravel trucks making frequent back-and-forth trips between the two locations.
On August 8, 2018, the Linscotts and Interstate jointly filed for a CUP from the Bonner County Planning and Zoning Commission ("P&Z Commission") to permanently relocate Interstate's asphalt batch plant to the Linscotts' gravel pit. They based their application on the Amendment, which conditionally permitted asphalt batch plant operations in a rural zone so long as they occurred in an "active gravel pit."
After receiving public comment, the P&Z Commission approved the CUP at a public hearing on November 15, 2018, issuing a written decision to that effect the next day. That decision was appealed to the County, which approved the CUP during a public hearing on January 11, 2019. The County issued a written decision approving the CUP on January 14. The County found that the use would be in an "existing gravel pit" and concluded that allowing the batch plant would comport with Bonner County Revised Code ("BCRC") and the Bonner County Comprehensive Plan.
Subsequently, CAL petitioned the County for reconsideration of its decision to issue the CUP, claiming it was deficient in eleven respects. Ultimately, the County only considered one of CAL's asserted deficiencies— that granting the CUP would expand the gravel pit's nonconforming use. The County again approved the CUP after considering CAL's arguments at a public hearing on March 22, 2019, and issued a written decision to that effect on March 25. In that decision, the County determined that the gravel pit's compliance with the nonconforming use provisions of BCRC was irrelevant to its decision to issue the CUP because the Amendment only required an "active gravel pit." The County also noted that the use would occur in an "active, legal nonconforming gravel mine."
On April 19, 2019, CAL attempted to file its petition for judicial review of the County's decision on reconsideration in the Bonner County district court via the iCourt filing system. That filing was rejected because it did not include a case information sheet. A notification of the rejection was sent to CAL's counsel on April 22. CAL attempted to refile a corrected petition for judicial review with a case information sheet, but that corrected petition was never received. CAL claims the submission failed due to either "a glitch in the iCourt system" or "an inadvertent `mis-click'" by administrative staff for CAL's counsel. Counsel for the County discovered the filing error on April 30 when he attempted to file a notice of appearance but was unable to locate an active case in the iCourt system. Counsel for the County then called Counsel for CAL on May 1 to inform him of the mistake and CAL refiled the petition the same day. That petition for judicial review was accepted by the district court on May 1 but did not include a date relating back to the original April 19 filing.
The County subsequently moved to dismiss CAL's petition for judicial review as untimely because it was accepted by the district court nine days after the statutorily prescribed twenty-eight day filing period. The County also moved to dismiss the petition for judicial review on the basis that CAL had not served the Linscotts or Interstate, the other parties to the CUP proceedings. The district court heard oral argument on June 27, 2019, and issued a written decision denying the County's motion to dismiss. The district court reasoned that CAL's attempt at refiling its petition in a timely fashion was "prevented by circumstances outside their control" and denied the motion to dismiss "in the interest of justice." In addition, the district court declined to dismiss the petition for inadequate service, concluding that the County did not demonstrate any prejudice.
With the petition for judicial review moving forward, both the Linscotts and Interstate filed a motion to intervene in the case to defend their interests in the CUP. The district court granted both motions.
The district court fielded briefing from all four parties and heard oral argument on December 13, 2019. Broadly speaking, CAL's arguments against the CUP fell into two categories: first, that the CUP was invalid because the Amendment, which conditionally permitted asphalt batch plants in active gravel pits, had been unlawfully adopted; and second, that the County had not complied with its own ordinances in granting the CUP because it enlarged or expanded an existing nonconforming use. The County, the Linscotts, and Interstate (collectively "Respondents") argued in favor of upholding the CUP on four bases: first, that CAL was barred from challenging the Amendment in a judicial review of agency action; second; that CAL lacked standing to challenge the County's action; third, that CAL's petition had not been timely filed or served; and forth, that the County had complied with its zoning ordinances when issuing the CUP.
Ultimately, the district court issued an opinion and order affirming the County's decision to grant the CUP. The district court reasoned that CAL had associational standing to pursue this action on behalf of its members because the members themselves had standing. Additionally, the district court determined that the time for filing the petition had not begun to run until the County issued its decision on reconsideration and that CAL had timely filed its petition. Considering the merits, the district court determined that it could not consider whether the Amendment was invalid in a proceeding for judicial review. Similarly, the district court concluded that it was powerless to render a legal conclusion as to the gravel pit's compliance with the zoning code absent an underlying enforcement action from the County to that effect. Without a declaratory judgment action finding the Amendment invalid, or an enforcement action showing the gravel pit was out of compliance, the district court afforded deference to the County in interpreting its own ordinances and affirmed the issuance of the CUP.
CAL timely appealed. Bonner County, the Linscotts, and Interstate cross-appealed.
After filing its notice of appeal, CAL filed a declaratory judgment action in Bonner County district court seeking to have it declare the Amendment void...
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Citizens Against Linscott / Interstate Asphalt Plant v. Bonner Cnty. Bd. of Comm'rs
...168 Idaho 323483 P.3d 380CITIZENS AGAINST LINSCOTT / INTERSTATE ASPHALT PLANT, an unincorporated non-profit association organized under the laws of the State of Idaho, Petitioner-Appellant-Cross Respondent,v.BONNER COUNTY BOARD OF COMMISSIONERS, a public agency of the State of Idaho, Respon......