The Idaho Supreme Court has ruled in favor of a Boise building owner and against the city of Boise in a legal battle surrounding the currently under-construction River Edge Apartment complex on West Royal Boulevard near Boise State University.
It was March 2012 when 917 Lusk LLC, which owns a building next to the proposed five-story apartment complex, argued that the city had improperly granted a conditional use permit to the apartment building's developers.
Lusk said the area had been zoned for residential/office developments but required a special permit for a building taller than 35 feet. Lusk owners also argued that the proposed apartment building would have an adverse impact on needed parking spaces.
Lusk took the city of Boise and Royal Boulevard Associates—the developer of the apartment building—to district court, which agreed with the City Council decision to give developers the conditional use permit.
But in a ruling handed down today, the Idaho Supreme court reversed the lower court's decision, thus upending the permit for the project. The high court ruled that the Boise City Council "erred by affirming the Planning and Zoning decision" and that the commission "abused its discretion."
"We conclude that there is sufficient evidence that Lusk is in jeopardy of economic hardship from the project," wrote the justices.