917 LUSK, LLC v. City of Boise

HORTON, Justice.

This case arises from 917 Lusk, LLC’s (Lusk) petition for judicial review of the Boise City Council’s (City Council) decision granting a conditional use permit for Royal Boulevard Associates, LP (Royal) to build an apartment complex. The Ada County district court affirmed the City Council’s decision and Lusk timely appealed. We reverse the decision of the district court.

I. FACTUAL AND PROCEDURAL BACKGROUND

In the fall of 2011, Royal’s predecessor in interest applied for permission to build a 352,000 square foot, five-story, multi-family apartment complex called River Edge…