Palmer v. Board of County Commissioners

790 P.2d 343, 117 Idaho 562, 1990 Ida. LEXIS 23
CourtIdaho Supreme Court
DecidedFebruary 21, 1990
Docket17704
StatusPublished
Cited by8 cases

This text of 790 P.2d 343 (Palmer v. Board of County Commissioners) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Palmer v. Board of County Commissioners, 790 P.2d 343, 117 Idaho 562, 1990 Ida. LEXIS 23 (Idaho 1990).

Opinions

JOHNSON, Justice.

This is a zoning case. The dispositive issue presented is whether the Palmers, who were ordered to stop work on a residence for which a building permit had previously been issued, failed to exhaust their administrative remedies before bringing this action. We hold that the Palmers failed to exhaust the administrative remedies available to them under the Local Planning Act of 1975. We affirm the dismissal of the complaint on that ground, but specify that the dismissal shall be without prejudice to the refiling of a petition for review or a complaint for damages, or both, after administrative remedies have been exhausted.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS.

In April 1985 the Palmers applied to Blaine County for a permit to construct a residence near the Picabo airport. The plans for the residence were submitted by the Palmers to the county building inspector. After an inspection of the building site, a building permit was issued under the authority and with the approval of the board of commissioners of Blaine County. The permit included this special notice: “This building permit may, at the option of Blaine County, be declared null and void if the builder is proven to be in violation of Ordinance No. 77-5 or other statutes regulating construction within Blaine County, Ida.” The Palmers then began construction of the residence.

[563]*563In April 1986, while construction of the residence continued, the county building department issued a stop work order stating: “Any further work on this job is prohibited by law until the following requirements have been met: ... Correction of Zoning Ordinance Violation (Contact Zoning Official).” At the same time the county planning director sent the Palmers a letter stating:

There is a serious problem with the height and location of the house and electrical pole you are building at the end of the Picabo airport runway. Please stop construction work immediately and contact this office.
In all of the discussions we had on your lot, you never mentioned the fact that you were only 500 feet east of the runway. Pm including a copy of Section 18 of the Blaine County Zoning Ordinance 77-5. In addition, there are FAA regulations that apply.

Ordinance 77-5 prohibited the construction of a residence within the “Primary Safety Zone” at the end of the runway at the Picabo airport. It is admitted that the site where the Palmers were building their residence was in the “Primary Safety Zone.”

On May 9, 1986, the county planning director wrote to the Palmers stating that he would like to have them come to discuss their “house problem” with the county commissioners on May 13, 1986. The Palmers met with the county commissioners at their regular meeting on May 13th to discuss the location of their house. The commissioners stated that they would like to see the house moved to the other side of the runway. The county planning director was to research the cost of moving the house.

At a continuation of the regular meeting of the commissioners later in May, an attorney representing the Palmers met with the commissioners to discuss the house. The commissioners stated that the house was too near the airport and should be moved. Reference was made to a proposal that had been sent to the Palmers by the county planning director concerning moving the house. This proposal was not acceptable to the Palmers. The Palmers suggested that the runway be moved. The commissioners refused to consider moving the runway. Instead they took action to obtain the most reasonable cost to have the house moved to another location.

At the regular meeting of the county commissioners in September 1986, the attorney for the Palmers appeared and stated that nothing had happened concerning the house since the meeting of May 30, 1986, except that the Palmers had filed a notice of tort claim requesting $70,000.00 in damages from the county because of the stop work order. The commissioners denied the claim.

Two weeks later the Palmers filed a verified complaint initiating this action. The complaint alleged that between the issuance of the building permit and the stop work order the Palmers had expended $20,-000.00 in justifiable reliance on the building permit. The Palmers asserted that they had a vested right to continue construction of the residence and that the county was estopped to halt the construction. Based on these allegations, the Palmers sought an order of the district court “nullifying” the stop work order and allowing them to continue construction. The Palmers also sought damages for the loss of time in construction, for rental of a substitute home and for moving the house, together with attorney fees.

In its answer the county denied liability, prayed for dismissal of the complaint on various grounds and requested a jury trial. The trial court scheduled the case for a jury trial. Before trial the county moved for summary judgment. In his argument in opposition to the motion the attorney for the Palmers characterized the action as “a tort claims case,” not “an appeal.” The trial court granted summary judgment dismissing the complaint with prejudice on three grounds. One of these grounds was that the Palmers did not comply with the provisions of two sections (I.C. §§ 67-6519 and 67-6521) of the Local Planning Act of 1975 and with one section (I.C. § 67-5215) of the Idaho Administrative Procedure Act.

[564]*564The Palmers obtained new counsel and moved to alter and amend the judgment, in part on the ground that they had complied with the provisions of I.C. §§ 67-6519 and 67-5215. Among other things, they also sought a remand of the matter to the county commissioners with instructions for the commissioners “to create the necessary record” of findings of fact and conclusions of law. In denying this motion the trial court ruled that the failure of the Palmers to seek judicial review of the stop work order precluded further appeal. The court also held that a record of the findings and conclusions of the commissioners was not required because the complaint did not indicate that the Palmers sought judicial review of a decision of the commissioners.

The Palmers then appealed the summary judgment and the denial of the motion to alter and amend the judgment.

II.

THE PALMERS DID NOT EXHAUST THEIR ADMINISTRATIVE REMEDIES BEFORE BRINGING THIS ACTION.

The Palmers assert that they exhausted their administrative remedies under the Local Planning Act of 1975 (the Act), particularly I.C. §§ 67-6519 and 67-6521, before bringing this action. We disagree.

I.C. § 67-6519 concerns the permit granting process. It specifies the procedures to be followed when an application is made for a permit required or authorized by the Act. I.C. § 67-6521 concerns actions by “an affected person,” which is defined to mean “one having an interest in real property which may be adversely affected by the issuance or denial of a permit.” It provides that an affected person may at any time prior to final action on a permit petition in writing for a hearing pursuant to I.C. § 67-6512.

Here, there is no challenge to the validity of Ordinance 77-5 that prohibits the construction of a residence in the Primary Safety Zone of an airport. It is admitted that the site of the residence for which the Palmers obtained a permit in April 1985 was in the Primary Safety Zone of the Picabo airport.

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Palmer v. Board of County Commissioners
790 P.2d 343 (Idaho Supreme Court, 1990)

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Bluebook (online)
790 P.2d 343, 117 Idaho 562, 1990 Ida. LEXIS 23, Counsel Stack Legal Research, https://law.counselstack.com/opinion/palmer-v-board-of-county-commissioners-idaho-1990.