Price v. Payette County Bd. of County Com'rs
| Decision Date | 08 May 1998 |
| Docket Number | No. 23049,23049 |
| Citation | 131 Idaho 426,958 P.2d 583 |
| Parties | Edward PRICE and Elizabeth Price, husband and wife, and Jerry Brown and Louise Brown, husband and wife, Petitioners-Appellants-Cross Respondents, v. PAYETTE COUNTY BOARD OF COUNTY COMMISSIONERS, Respondents-Cross Appellants. Boise, February 1998 Term |
| Court | Idaho Supreme Court |
Thompson, Ashcraft and Burnham, Boise, for appellants. James C. Burnham argued.
Bert L. Osborn, Payette, for respondent. Bert L. Osborn argued.
This is an appeal from a zoning decision by the Payette County Board of County Commissioners (Board) in favor of Lloyd Bone (Bone). The Board rezoned a piece of land owned by Bone from prime agricultural to residential, and amended Payette County's Comprehensive Plan (Comprehensive Plan) to comport with the zoning change. We vacate the Board's decision and remand the case for further proceedings in accordance with this opinion.
Bone owns 80 acres of land in Payette County which are zoned "prime agricultural." Bone filed a petition with the Payette County Planning and Zoning Commission (Commission) requesting that the Comprehensive Plan be amended to allow his property to be rezoned from an agricultural zone to a residential zone for the purpose of subdividing the property into residential lots. Two couples, Edward and Elizabeth Price, and Jerry and Louise Brown, each own 80 acres adjacent to Bone's property. Both the Prices and the Browns (hereinafter referred to collectively as "Price") use their property for agricultural activities and are opposed to Bone's request for a zone change. The Commission held several public hearings on the issue of Bone's request, and ultimately notified the Board by letter that the Commission had voted to forward an unfavorable recommendation.
After holding a public hearing, the Board granted Bone's application for a zone change and an amendment to the Comprehensive Plan. The Board entered its findings of fact, and passed Ordinance No. 97 rezoning Bone's property. Price submitted a motion to reconsider, which was denied by the Board. Price then appealed to the district court. The district court affirmed the Board's decision in part and remanded the case for further proceedings. The remand was limited to a requirement for a second hearing by the Board on the decision to amend the Comprehensive Plan. The Board held the second public hearing as required by the district court's order.
The Idaho Administrative Procedures Act (I.A.P.A.) governs the review of local zoning decisions. See Comer v. County of Twin Falls, 130 Idaho 433, 437, 942 P.2d 557, 561 (1997). In an appeal from the decision of a district court acting in its appellate capacity under the I.A.P.A., the Court reviews the agency record independently of the district court's decision. Id. (citations omitted); Howard v. Canyon County Bd. of Comm'rs, 128 Idaho 479, 480, 915 P.2d 709, 710 (1996) (citation omitted). The Court does not substitute its judgment for that of the agency as to the weight of the evidence presented. I.C. § 67-5279(1). Rather, the Court should defer to the agency's findings of fact unless they are clearly erroneous. Castaneda v. Brighton Corp., 130 Idaho 923, 926, 950 P.2d 1262, 1265 (1998) (citing South Fork Coalition v. Board of Comm'rs of Bonneville County, 117 Idaho 857, 860, 792 P.2d 882, 885 (1990)). In other words, the agency's factual determinations are binding on the reviewing court, even where there is conflicting evidence before the agency, so long as the determinations are supported by substantial competent evidence in the record. Id.
The Board's zoning decision may only be overturned where its findings: (a) violate statutory or constitutional provisions; (b) exceed the agency's statutory authority; (c) are made upon unlawful procedure; (d) are not supported by substantial evidence in the record; or (e) are arbitrary, capricious, or an abuse of discretion. Id. (citing I.C. § 67-5279(3)). The party attacking the Board's decision, here Price, must first illustrate that the Board erred in a manner specified in I.C. § 67-5279(3), and then that a substantial right of Price has been prejudiced. Id. (citing Angstman v. City of Boise, 128 Idaho 575, 578, 917 P.2d 409, 412 (Ct.App.1996)).
The Board contends that Edward and Elizabeth Price are estopped from objecting to the Board's decision to rezone Bone's property and amend the Comprehensive Plan because they signed an agreement when they purchased their farm stating they had no objection to the development of the property adjoining their farm. This agreement is between Edward and Elizabeth Price and the landowner who sold them their farm, and therefore does not prevent Edward and Elizabeth from challenging the Board's actions. Furthermore, Jerry and Louise Brown are appellants in this case and they did not sign any such agreement. Thus, we will consider the appellants' challenge to the Board's actions.
Both Price and the Board raise issues on appeal which concern the Board's procedure in amending the Comprehensive Plan. First, Price contends the Board acted unlawfully when it amended the Comprehensive Plan contemporaneously with its decision to rezone Bone's property. The Board contends the Idaho Code does not prohibit consideration of both issues simultaneously. I.C. § 67-6511(c) provides that if a rezone request does not comport with the Comprehensive Plan, as is the case here, the Board should first consider an amendment to the Comprehensive Plan. After the Comprehensive Plan is amended, then the Board may consider a request for an amendment to the zoning ordinance. See I.C. § 67-6511(c). Although these procedures can be done in tandem, the Board should deliberate first on the proposed amendment to the Comprehensive Plan, and consider whether or not a general type of growth should be permitted in a particular area; then, once the Board has made that determination, the Board should decide the appropriateness of a rezone within that area. This procedure ensures that the Board considers the overall development scheme of the county prior to consideration of individual requests for amendments to zoning ordinances. Here, the Board's Order provides no indication that the Board considered Bone's two requests in the appropriate sequence. The Order does not make clear which of the Board's findings relate to the proposed amendment to the Comprehensive Plan and which of its findings relate to Bone's request for an amendment to the zoning ordinance. In fact, in its Order, the Board appears to have granted the rezone first and then amended the Comprehensive Plan accordingly.
Second, on cross-appeal, the Board asserts the district court erred in requiring the Board to hold a second hearing on its decision to amend the Comprehensive Plan. The district court, acting in its appellate capacity, considered whether the Board violated I.C. § 67-6509(b) by failing to hold a second hearing prior to its adoption of the amendment to the Comprehensive Plan. If the Board, after a public hearing on a request to amend the Comprehensive Plan, makes "a material change in the plan," then the Board must provide notice of, and conduct, a second hearing before the Board adopts the amendment. See I.C. § 67-6509(b). Because the Comprehensive Plan states as one of its goals the avoidance of residential development upon prime agricultural lands, an amendment to the Comprehensive Plan which rezones agricultural property as residential property constitutes a material change for the purpose of I.C. § 67-6509(b). Thus, the Board should have held a second public hearing before it adopted the amendment to the Comprehensive Plan. The district court recognized this deficiency in the Board's procedure and remanded the case for a second hearing by the Board on the proposed amendment; however, the district court's action did not cure the procedural deficiency. The district court should have set aside the amendment to the Comprehensive Plan because it was in violation of I.C. § 67-6509(b) and remanded the case for a new set of hearings on the Comprehensive Plan amendment. In addition, the district court should have set aside the rezone decision because it would no longer comport with the Comprehensive Plan. Only after the Board follows the correct procedures on remand in amending the Comprehensive Plan can the Board consider Bone's request for an amendment to the zoning ordinance.
For the above reasons, we find that the Board's amendment of the Comprehensive Plan was made upon unlawful procedure, in violation of I.C. § 67-5279(3)(c). The Board's actions result in a lack of orderly growth within the county, thereby diminishing Price's property value and hampering his use and enjoyment of his land. Thus, we vacate the Board's decision as to the Comprehensive Plan amendment and the zoning change, and remand the case for further proceedings.
Price has raised a number of other issues on appeal. "Where an appellate court reverses or vacates a judgment upon an issue properly raised, and remands for further proceedings, it may give guidance for other issues on remand." Cummings v. Cummings, 115 Idaho 186, 190, 765 P.2d 697, 701 (Ct.App.1988). See, e.g., K. Hefner, Inc. v. Caremark, Inc., 128 Idaho 726, 732, 918 P.2d 595, 601 (1996); Johnson v. City of Homedale, 118 Idaho 285, 287-88, 796 P.2d 162, 164-65 (Ct.App.1990). We will address the remainder of the arguments presented by Price on appeal for the purpose of providing guidance on remand.
Price asserts that many of...
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