Ada County v. Gibson

893 P.2d 801, 126 Idaho 854, 1995 Ida. App. LEXIS 18
CourtIdaho Court of Appeals
DecidedFebruary 8, 1995
Docket20791
StatusPublished
Cited by20 cases

This text of 893 P.2d 801 (Ada County v. Gibson) is published on Counsel Stack Legal Research, covering Idaho Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ada County v. Gibson, 893 P.2d 801, 126 Idaho 854, 1995 Ida. App. LEXIS 18 (Idaho Ct. App. 1995).

Opinions

[855]*855LANSING, Judge.

This is an appeal from an order of the district court holding the defendant David R. Gibson in contempt of court for violating a permanent injunction. The injunction prohibited Gibson from storing certain items on his land in violation of an Ada County ordinance, which proscribed use of the land for a junkyard. The contempt order fined Gibson $500 but suspended the fine and provided that it would be “quashed” if Gibson would purge himself within thirty days of the contempt by removing certain items from his land. Gibson appeals, asserting that the order holding him in contempt should be reversed because he is not operating a junkyard and his actions, therefore, do not violate the ordinance. We conclude that Gibson was not using his property as a junkyard within the meaning of the zoning ordinance. Therefore, we reverse the contempt order.

I. FACTS AND PROCEDURAL BACKGROUND

In 1991, David Gibson acquired rights to a parcel of real property in Ada County with the apparent purpose of operating a tree and shrub nursery.1 The condition of the soil on this parcel is such, however, that prior to its use for growing nursery stock large amounts of compost must be added to the soil. Toward. this end, Gibson has accumulated on the parcel large amounts of organic material.2 In addition, he has acquired and stored on the premises numerous pieces of both operable and inoperable equipment, large amounts of scrap metal and salvaged wood, several out-buildings, bales of cardboard and paper, rolls of wire fencing, hundreds of five-gallon plastic buckets, at least two inoperative refrigerators and other kitchen appliances, a mobile home, numerous fifty-five gallon barrels, a large fuel tank, a flat bed trailer, wooden pallets, steel tubing, plastic tubing, used tires, wheels, automotive parts including an engine and transmission, and other items too numerous to list. Gibson intends to'utilize many of these items in constructing an on-site composting machine that will be used to improve the soil condition.

Gibson’s parcel lies within Ada County’s rural transition (RT) zone, where permitted uses include plant nurseries. In 1992, the County sought a permanent injunction against Gibson, alleging that his activities violated Ada County Zoning Ordinance 8-4C-5 which prohibits junkyards in areas zoned RT. Gibson, acting pro se, argued that his actions did not constitute the operation of a junkyard since he was not in the business of buying and selling used or salvaged materials. The district court granted a permanent injunction, apparently finding that Gibson’s actions constituted the operation of a “junkyard” as the term is defined in the Ada County ordinances because Gibson was storing salvaged materials on his premises. The court therefore ordered that Gibson be enjoined from “continuing to store compost equipment, scrap and salvage materials, and mobile homes, or other structures” on the premises. The injunction allowed Gibson six weeks within which to remove the designated items.

Subsequently, the County moved for an order holding Gibson in contempt of court for violating the permanent injunction. At an evidentiary hearing on September 28, 1992, the district court initially found cause to hold Gibson in contempt but continued the matter to a later date. During the period of the continuance, Gibson and the County entered into a stipulation that reframed the factual and legal issues for the district court. The parties stipulated that Gibson “intends to use all of the articles and items located on this property in conjunction with a permitted use of the property under Ada County Zoning Ordinance in pursuit of an agricultural purpose.” They further stipulated that the sole legal issue before the court was “whether the articles and items of personal property on Mr. Gibson’s premises constitutes [sic] a violation of the Ada County Zoning Ordinance or not when he has the present intent to [856]*856utilize the items in furtherance of a permitted and lawful use.” The district court accepted this stipulation even though it had already decided the same issue in its previous order creating the injunction. The parties and the district court thus reopened the legal issue of whether Gibson was in violation of the ordinance and essentially treated the contempt proceeding as a motion to reconsider the injunction.

The district court issued a memorandum decision in which it found that Gibson’s storage of material on the premises constituted the operation of a junkyard. The court therefore found that Gibson was in contempt of court for violating the earlier injunction and fined him $500. Gibson now appeals from that order, arguing that he is not operating a “junkyard” as that term is used in the Ada County zoning ordinances.

The dispositive issue presented to this Court is whether the term “junkyard,” as defined in Ada County Ordinance 8-2-1, refers only to commercial enterprises engaged in the storage, sale or other handling of waste, discarded or salvaged items, or whether the term encompasses the storage of salvaged items incidental to a permitted use or intended for a future, permitted use.

II. ANALYSIS

Interpretation of an ordinance, like construction of a statute, is an issue of law. Therefore, this Court exercises free review of the district court’s decision. See State v. Nelson, 119 Idaho 444, 446, 807 P.2d 1282, 1284 (Ct.App.1991).

It is axiomatic that the objective in interpreting a statute or ordinance is to derive the intent of the legislative body that adopted the act. Ada County Assessor v. Roman Catholic Diocese of Boise, 123 Idaho 425, 428, 849 P.2d 98, 101 (1993); Cox v. Department of Insurance, 121 Idaho 143, 146, 823 P.2d 177, 180 (Ct.App.1991). Any such analysis begins with the literal language of the enactment. Matter of Permit No. 36-7200, 121 Idaho 819, 823, 828 P.2d 848, 852 (1992); Local 1494 of Intern. Ass’n of Firefighters v. City of Coeur d'Alene, 99 Idaho 630, 639, 586 P.2d 1346, 1355 (1978); Messenger v. Burns, 86 Idaho 26, 29-30, 382 P.2d 913, 915 (1963). Where the statutory language is unambiguous, the clearly expressed intent of the legislative body must be given effect, and there is no occasion for a court to consider rules of statutory construction. Ada County v. Roman Catholic Diocese, 123 Idaho at 428, 849 P.2d at 101; Matter of Permit No. 36-7200, 121 Idaho at 823, 828 P.2d at 852; Sherwood v. Carter, 119 Idaho 246, 254, 805 P.2d 452, 460 (1991). Where the language of a statute or ordinance is ambiguous, however, the court looks to rules of construction for guidance, Lawless v. Davis, 98 Idaho 175, 560 P.2d 497 (1977), and may consider the reasonableness of proposed interpretations. Umphrey v. Sprinkel,

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Bluebook (online)
893 P.2d 801, 126 Idaho 854, 1995 Ida. App. LEXIS 18, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ada-county-v-gibson-idahoctapp-1995.