51870
IdahoJul 8, 2026Background
- Tricore acquired three Priest Lake tracts and recorded documents splitting them into 35 lots, including 26 lakefront lots not at issue here. 1
- Tricore then filed two MLD applications for the remaining southern parcels, each proposing four lots and together covering eight lots. 2
- Bonner County’s code treats MLDs as four-or-fewer lots, short plats as five-to-ten lots, and subdivisions as eleven or more lots. 3
- The county approved both MLD applications, and the written approvals contained no findings of fact or conclusions of law. 4
- Appellants sought reconsideration and judicial review, arguing the two contiguous MLDs were really an eight-lot subdivision and that LLUPA procedures were violated. 5
- The district court dismissed for lack of subject matter jurisdiction, holding MLDs were not subject to judicial review under LLUPA. 6
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are MLD applications judicially reviewable under LLUPA? 7 | Budig: MLDs are similar, authorized applications under section 67-6521. | Tricore: LLUPA covers only expressly listed land-use applications. | Yes; section 67-6521 reaches similar, authorized applications like these MLDs. 8 |
| Do the two MLDs function as a subdivision? 9 | Budig: contiguous four-lot MLDs together create an eight-lot subdivision. | Tricore: each application independently creates only four lots. | Yes; together the applications were a subdivision in substance. 10 |
| Were the MLD applications authorized under LLUPA? 11 | Budig: Bonner County created MLDs under LLUPA authority. | Tricore: MLDs are not specifically listed in LLUPA. | Yes; Bonner County adopted MLDs pursuant to LLUPA authority. 12 |
| Did the district court lack subject matter jurisdiction? 13 | Budig: jurisdiction existed because LLUPA applied. | Tricore: no jurisdiction because MLDs are outside LLUPA. | No; dismissal for lack of jurisdiction was reversed. 14 |
Key Cases Cited
- City of Ririe v. Gilgen, 515 P.3d 255 (Idaho 2022) (subject matter jurisdiction is reviewed de novo 15)
- City of Idaho Falls v. H-K Contractors, Inc., 416 P.3d 951 (Idaho 2018) (plain and unambiguous statutes are enforced as written 16)
- Curlee v. Kootenai Cnty. Fire & Rescue, 224 P.3d 458 (Idaho 2008) (courts consult construction rules only if statutory text is ambiguous 17)
- JK Homes, LLC v. Brizzee, 554 P.3d 568 (Idaho 2024) (statutes should be construed to avoid superfluity 18)
- Friends of Farm to Mkt. v. Valley Cnty., 46 P.3d 9 (Idaho 2002) (statutory language should not be rendered insignificant 19)
- State v. Smalley, 435 P.3d 1100 (Idaho 2019) (rejects readings that make statutory words superfluous 20)
- Syringa Networks, LLC v. Idaho Dep't of Admin., 305 P.3d 499 (Idaho 2013) (used for the proposition that the MLD filing attempted to circumvent subdivision requirements 21)
