Kootenai County v. Harriman-Sayler
293 P.3d 637
Idaho2012Background
- Kootenai County and Panhandle Health District No. 1 sued Peggy Harriman-Sayler and Terry Sayler to enjoin RV park operation without a conditional use permit, and without proper building and sewage permits.
- Property, Tax No. 14055 in Rural Zone, includes RV sites, Shower Facility, and single-family residence; subject to County zoning, building code, Environmental Health Code, and DEQ Sewage Disposal Rules.
- District court granted summary judgment for Respondents, concluding violations of zoning, building, and environmental health regulations; issued permanent injunctions pending remediation.
- Sayler appealed, challenging the RV park as a permitted nonconforming use and contending permits for sewage and buildings were proper.
- Court reviewed de novo the district court’s summary-judgment ruling, applying the standard for absence of genuine issues of material fact.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Zoning: RV park without permit violates ordinance? | Sayler maintained a valid nonconforming use since 1991 and continued it without new permit. | County can require a conditional use permit for RV parks; prior use does not survive discontinuation without permit. | Summary judgment proper; no genuine issue on lack of permit. |
| Building code: Shower Facility moved without permit and occupancy? | Permits and occupancy for the residence cover the Shower Facility. | No permit or occupancy for Shower Facility; records show separate approvals lacking. | Summary judgment proper; no genuine issue on building-permit/occupancy. |
| Environmental Health Code: Subsurface disposal without valid permit/inspection? | Permit exists but final inspection was not performed; system could be acceptable. | Permit expired without final approval; no valid permit or inspection. | Summary judgment proper; no genuine issue on disposal-permit/inspection. |
Key Cases Cited
- Taylor v. McNichols, 149 Idaho 826 (2010) (de novo review for summary-judgment standard)
- Asbury Park, LLC v. Greenbriar Estate Homeowners’ Ass’n, Inc., 152 Idaho 338 (2012) (dispositive on summary-judgment burden and factual showing)
- Lane Ranch P’ship v. City of Sun Valley, 145 Idaho 87 (2007) (interpretation of ordinances; standard of review)
- Chisholm v. Idaho Dep’t of Water Res., 142 Idaho 159 (2005) (record evidence and statutory interpretation limitations)
- Kepler-Fleenor v. Fremont Cnty., 152 Idaho 207 (2012) (legitimate question standard for attorney-fee awards)
- Brown v. City of Pocatello, 148 Idaho 802 (2010) (summary-judgment evidence sufficiency standard)