917 Lusk, LLC v. City of Boise

Royal Boulevard Associates, LP (Royal) (defendant) applied for a conditional-use permit to build an apartment complex in Boise, Idaho. The proposed location of the complex was zoned to allow multi-family housing; however, the zoning ordinance required a conditional-use permit for the construction of buildings more than 35 feet tall. The apartment complex was projected to be between 59 and 63 feet tall. 917 Lusk, LLC (Lusk) (plaintiff), the owner of an adjacent building, opposed Royal’s application, arguing that Royal’s plan for the apartment complex included inadequate parking, which would contribute to traffic issues and negatively impact surrounding property owners. The Boise City Code (the city code) required the Zoning and Planning Commission (the commission) (defendant) to refrain from granting a conditional-use permit if the proposed use would adversely affect other property in the vicinity. The city code also allowed the commission to attach standards to a conditional-use permits that were more restrictive than those imposed by the city code. The commission mistakenly believed that it was bound by the standards set forth in the parking chapter of the city code and that it did not have the discretion to require additional parking as a condition of the conditional-use permit. Thus, it granted the permit without considering the negative impact of inadequate parking on the surrounding properties. Both the city council and the district court affirmed the commission’s decision. Lusk appealed, arguing that the commission had abused its discretion by applying the wrong legal standard to its grant of the permit.