Corporation of Presiding Bishop of Church of Jesus Christ of Latter Day Saints v. Ashton

• Decision Date: 02 December 1968
• Docket Number: No. 10076,10076
• Citation: 92 Idaho 571,448 P.2d 185
• Parties: CORPORATION OF the PRESIDING BISHOP OF the CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, a corporation, Plaintiff-Third-Party Defendant and Respondent, v. Thomas ASHTON, E. L. Berry, by and on behalf of themselves, and others similarly situated, Intervening Defendants-Third-Party Plaintiffs and Appellants, v. The CITY OF IDAHO FALLS, a municipal corporation, S. Eddie Pedersen, as Mayor, and Philip C. Leahy, Karl G. Page, James R. Freeman, Roy J. Keller, Gordon L. Nelson and Dale D. Parish, as Councilmen of the City of Idaho Falls, and Ray Browning, City Building Official, Third-Party Defendants and Respondents.
• Court: Idaho Supreme Court

Page 185

448 P.2d 185

92 Idaho 571

CORPORATION OF the PRESIDING BISHOP OF the CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, a corporation, Plaintiff-Third-Party Defendant and Respondent, v. Thomas ASHTON, E. L. Berry, by and on behalf of themselves, and others similarly situated, Intervening Defendants-Third-Party Plaintiffs and Appellants, v. The CITY OF IDAHO FALLS, a municipal corporation, S. Eddie Pedersen, as Mayor, and Philip C. Leahy, Karl G. Page, James R. Freeman, Roy J. Keller, Gordon L. Nelson and Dale D. Parish, as Councilmen of the City of Idaho Falls, and Ray Browning, City Building Official, Third-Party Defendants and Respondents.

No. 10076.

Supreme Court of Idaho.

Dec. 2, 1968.

Thomas C. Whyte, Idaho Falls, for appellant.

Petersen, Moss & Olsen, Idaho Falls, for respondent, Church. Albaugh, Bloem, Smith & Pike, Idaho Falls, for respondent, City.

McFADDEN, Justice.

On May 20, 1958 respondent Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints, a corporation sole, referred to herein as the Church, purchased approximately seven and one half acres of land in an area later classified as a Residential (R-1) Zone by City Ordinance 852. The property is located in a residential neighborhood in the corporate limits of respondent City of Idaho Falls, referred to herein as the City. Approximately three and one half acres of this land fronting on First Street of the City was to be used to build a church building with grounds and parking area to serve as a meeting place for two wards and one stake of the Church. The remaining four acres was used for two softball fields. At the time of the original purchase of this land, there were few homes in the area, but between 1959 and 1961 several people, some of whom are the appellants in this case, began to build or acquire residences in the Pine Acres Subdivision, which is included in the previously mentioned R-1 zone. These people inquired as to the prospective use for this tract of land adjacent to their homes, and they were advised by various real estate salesmen that the Church planned to erect a church building and a recreation field or children's playground. None of these early purchasers actually knew that the proposed recreation field would be a lighted recreation complex, as is involved here. Some of the appellants in the present case, however, purchased homes in the Pine Acres Subdivision subsequent to completion and use of the recreation field. These people, who were aware of the existence of the field before they moved into the area, testified as to their belief that use of the lighted recreational field was to be abandoned.

Before any construction work was commenced by the Church, it contracted the City building inspector on two occasions to determine what was needed to comply with the city ordinances. The Church submitted a proposed plot plan showing the area to be used by the church building and also showing two softball diamonds lighted by high intensity electric lights erected on poles. The building inspector stated that the proposed development did not violate any zoning ordiance and that no building permit was needed for the excavation work or lights, and that when the plans for the church building were ready a permit would be issued for the entire complex. The Church then commenced construction of the lighted softball fields at a cost of about $17,000.00. Finally on March 14, 1963 the plans for the church building and parking lot were submitted for which a permit was issued, but the City refused to grant a permit for the recreational complex because of commencement of the instant action.

Preliminary grading was done on the field in 1959, and in 1960 the grass was seeded. In August 1961 the Church erected 16 wooden light poles approximately 58 feet high to illuminate the area for two softball fields, hiring City employees and equipment to do the work. One softball diamond was laid out in the southeast corner of the property and another one was situated diagonally across the land in the northwest corner. Twelve of the light standards were erected around the perimeter of the playing field. Each of these poles supported four high intensity lights. Through the center field between the two diamonds, four more poles were erected, each with two banks of lights with four lights in each bank. One bank on each pole faced each diamond.

In 1961 following installation of the light poles, the Church conducted a softball tournament on this field for approximately two weeks. Games often lasted until 11:30 p. m. and several neighbors in the vicinity complained about the bright lights shining in their yards and homes. They also objected to the noise, dust, traffic, and trespassing baseballs. Most of these people lived west of this recreation field. Several appellants had their homes on lots with the back lot line immediately adjacent to the west boundary of the recreation field. Several meetings were held involving these neighbors and the Idaho Falls City Council in order to examine and attempt to solve the problem. Finally, in July 1962, the City discontinued elecrical service to the recreation complex. No games were held the rest of 1962 or in 1963, and it was during this time that several of the appellants in this case bought homes in the vicinity, being under the erroneous impression that the light poles were to be removed.

In August 1963, however, the Church instituted suit against the City of Idaho Falls, seeking an order requiring the City to restore the electrical power and to cease interfering with the Church's activities. The City answered, claiming that the lighted recreational complex was in violation of the R-1 zone established by Ordinance 852. Several of the neighboring landowners, who are the appellants in this case, were allowed to intervene as defendants with the City. They filed a complaint in intervention seeking relief against the plaintiff Church. Before the trial, however, a new city administration was installed and the Church and City reached an agreement whereby the Church's complaint, seeking to require restoration of electrical power to the lights, was dismissed and the lights were restored subject to a 10:00 p. m. curfew, unless a court should later establish a different time.

The intervenors then filed a third-party complaint against the City seeking an injunction to restrain the City from issuing a building permit to the Church and to order the City to enforce Ordinance 852. Thus the City was brought back into the litigation and both the Church and the City were named as third party defendants. The third party complaint alleged that the lighted recreation field was in violation of Ordinance 852 as a non-permitted use in an R-1 zone and that, in any event, the lighted field was a nuisance which should be abated. The district court, after an answer was filed and trial held on the issues framed, rendered judgment for the Church and City, from which judgment appellants have appealed.

Several problems which were initially subject to complaint have been practically eliminated. The parking lot property has been paved, eliminating most of the problem from dust. The lights which were originally out of focus have been adjusted, reducing the problem of glare from the lights. A fence has been installed by the Church, and as a result there has been little trespassing in recent years. The main problems remaining are the illumination from the high intensity lights and the noise emanating from softball games. The Church has admittedly abided by its self-imposed curfew of 10:00 p. m., but there has been some complaint concerning noise from early morning games, often starting as early as 6:00 a. m. The district court in its decree held that the use and maintenance of the field is not prohibited in an R-1 zone and that the use of the field between the hours of 7:00 a. m. and 10:00 p. m. Mountain Standard Time does not constitute a nuisance. The court therefore ordered the City to issue to the Church a certificate of occupancy and any necessary building permits for this field and denied appellant's request for an injunction. The court also ordered:

'* * * that with respect to the hours prior to 7:00 a. m. and beyond 10 p. m. Rocky Mountain Standard Time, the Defendant-Church be, and it hereby is, restrained from the use of the lighted recreational area * * *.'

The judgment of the trial court is to be affirmed, except as to its reference to Mountain Standard Time. See 15 U.S.C.A. §§ 260, 260a, 263. Instead of the term 'Mountain Standard Time' the decree should be modified to read 'prevailing Mountain Time,' so that when daylight saving time is in effect the decree will be applicable to that time.

Appellants' assignments of error present two questions for this court to decide. First, whether the term 'Churches,' as used in Section IV of Ordinance 852 of the City of Idaho Falls, includes a recreational complex of the size involved here or whether it is more narrowly restricted to mean only a building in which religious meetings are conducted. Assuming that the broader interpretation is adopted, the second question arises, whether the use of such a field should nevertheless be enjoinied as a public or private nuisance. We shall proceed to consider these questions in order.

Ordinance 852 of the City of Idaho Falls provides that single family dwellings, churches, schools, libraries, and farming and truck gardening are permissible uses in an R-1 zone. None of these terms, however, is defined in the ordinance, and other sources must be examined to determine the scope of the term 'Churches.' It is our opinion that a reasonable recreation facility is a permissible accessory use included within the meaning of that term. McQuillin states that:

'Where use for church purposes is allowed in a zone, uses customarily incidental or accessory to church uses may not be excluded or unduly restricted. But such...