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City faces annexation challenge |
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January 26, 2012 |
The Annex Opposition Group, an Idaho
unincorportated non-profit group comprised of
most of the owners of the more than 70
properties recently annexed by the City of
Bonners Ferry, have formally requested a
judicial review of that decision.
 In their complaint, the group states that the
decision to annex their properties, done by City Ordinance 529
that went into effect December 15, was arbitrary
and capricious, that it violated constitutional
and statutory provisions, that the action was in
excess of statutory authority granted the mayor
and city council, and that the procedure by
which the ordinance was passed was unlawful.
Specifically, they will argue that the mayor and
city council failed to articulate how annexation
would be consistent with public purposes, that
they did not describe how the annexation was
necessary for the orderly development of the
city or how the annexation would impact the
existing city infrastructure and the provision
of services, that the city didn't provide
sufficient detail as to how maintenance of the
annexed streets and utilities would be funded by
the city, and that the mayor and city council
did not give sufficient weight to the Bonners
Ferry Planning and Zoning Commission's
recommendation that the annexation proposal be
disapproved.
City officials are barred from commenting on the
allegations as it's a matter of pending
litigation. They have retained noted land use
attorney Will Harrington, Coeur d'Alene, to
represent them in the review process.
A request for judicial review is the first step
in legally challenging the final decision made
by the "deciding body" of an Idaho city or
county, be it the mayor and city council or a
board of county commissioners.
In a judicial review, a district court judge is
provided a complete record, including
transcripts of the audio record, as maintained
by the deciding body of the matter being
appealed, and hearings are held during which
both the appellant and the deciding body, or
their agents, are given the opportunity to
present their case.
The presiding judge then issues findings, either
upholding the initial decision or overturning
that decision, giving legal cause to support the
findings.
Typically, a judge will not look to the decision
itself in making a ruling, but rather work to
determine if proper procedure was followed
throughout the decision making process pursuant
to state and local law.
In most cases, a judicial ruling after review
settles the appeal, and the deciding body's
decision is either upheld or overturned, but
both parties, the appellant and the deciding
body, can continue the case in appeals court if
they disagree with the review judge's decision,
and the case can be taken all the way to the
Idaho Supreme Court. |
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