City faces annexation challenge

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.