City of Burley v. McCaslin Lumber Co.

BURNETT, Judge.

We are asked to decide whether a city has standing to seek judicial review of a decision by its own zoning board and, if so, whether the board in this case erred by granting a variance under the municipal zoning ordinance. The district court ruled that the city had standing but that the board had acted correctly. For reasons explained below, we agree with the district court on the question of standing but we reverse on the issue of whether a variance should have been granted.

This appeal focuses upon the proposed conversion of rental property from a duplex into a triplex. The…