Boundary Backpackers v. Boundary County

JOHNSON, Justice.

This case concerns a county ordinance that requires all federal and state agencies to comply with a county land use policy plan. We conclude that the ordinance violates the U.S. Constitution because federal law preempts portions of the ordinance and that the entire ordinance is invalid because these portions are not severable. We also conclude that the one individual who has standing to challenge the ordinance is not entitled to attorney fees under the private attorney general doctrine.

I

THE BACKGROUND AND PRIOR PROCEEDINGS

In 1992, the Boundary County Board of Commissioners…