Steele v. City of Shelley
151 Idaho 289
| Idaho | 2011Background
- Shelley sought to annex Kelley Acres in Bingham County and rezone from County Residential Agricultural to City Residential Agricultural.
- Planning and zoning commission held a hearing October 15, 2008; unanimously recommended annexation and rezoning.
- November 25, 2008 hearing held; 29 property owners opposed and indicated non-consent.
- City Council approved the annexation and rezoning; ordinance enacted December 10, 2008 and published December 17, 2008.
- Appellants petitioned for judicial review alleging improper notice, misclassification, and unreasonableness; district court dismissed for lack of jurisdiction.
- Idaho Supreme Court affirmed, holding no statutory authorization for judicial review of category A annexations; classification supported by substantial evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is judicial review authorized for category A annexations? | Steele argues statutory authorization exists for review of category A. | Shelley contends category A annexations are unreviewable. | No judicial review for category A annexations. |
| Is Shelley's Kelley Acres annexation properly a category A annexation? | Annexation should be category B; category A misclassified. | Annexation properly classified as category A based on consent and contiguity. | Annexation classified as category A; no jurisdiction to review. |
| Do LLUPA, IDAPA, orShelley's ordinances authorize review of category A annexations? | LLUPA/IDAPA/or ordinances provide review authority for annexations. | None authorize review of category A annexations. | None authorize review; no jurisdiction for petition. |
Key Cases Cited
- Gibson v. Ada Cnty. Sheriff's Dept., 139 Idaho 5 (2003) (statutory review limits; agencies vs local government)
- Highlands Dev. Corp. v. City of Boise, 145 Idaho 958 (2008) (LLUPA review not applicable to annexation)
- Black Labrador Investing, LLC v. Kuna City Council, 147 Idaho 92 (2009) (LLUPA review not extend to annexation decisions)
- Idaho Historic Pres. Council, Inc. v. City Council of Boise, 134 Idaho 651 (2000) (IDAPA governs state agency actions, not local governments)
- Smith v. Washington County Idaho, 150 Idaho 388 (2010) (attorney fees not available on petition for judicial review)