Highlands Development Corp. v. City of Boise

Although I would deny relief to Highlands on the merits, I dissent from the Court’s opinion because it will effectively foreclose review of quasi-judicial zoning decisions under the Idaho Administrative Procedure Act, I.C. §§ 67-5201-5292 (IDAPA). The opinion will prevent property owners from obtaining judicial review of decisions downzoning their property and preclude unhappy neighbors from challenging decisions to upzone adjacent property. Historically, this Court has extended review to quasi-judicial zoning decisions. See, e.g., In Re Application for Zoning Change, 140 Idaho 512, 96 P.3d…