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51870
Idaho
Jul 8, 2026
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Background

  • 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)
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Case Details

Case Name: MICHAEL BUDIG, TODD BRINKMEYER, JOHN STOCKTON, and PRIEST LAKE CABIN OWNERS' ASSOCIATION, INC.vs. BONNER COUNTY BOARD OF COMMISSIONERS, TRICORE INVESTMENT, LLC,
Court Name: Idaho Supreme Court
Date Published: Jul 8, 2026
Citation: 51870
Docket Number: 51870
Court Abbreviation: Idaho
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    MICHAEL BUDIG, TODD BRINKMEYER, JOHN STOCKTON, and PRIEST LAKE CABIN OWNERS' ASSOCIATION, INC.vs. BONNER COUNTY BOARD OF COMMISSIONERS, TRICORE INVESTMENT, LLC,, 51870