Open Meeting Law Means Public At Least Gets To Listen In

Wednesday, October 03, 2018 7:28 am
October 2018 - Volume 46 Number 10

A developer lost his subdivision bid because he didn’t submit flood data that would have allowed the county to determine the flood risk of the proposed subdivision.

Facts: John Noble and Cedar Ridge Homes, Inc. (Cedar Ridge) own 152 acres in Kootenai County, Idaho. In 2006, Cedar Ridge applied to build a subdivision that contained 20 five- to ten-acre lots and included a 70-acre no-build area, “the meadow,” which is a wetland subject to frequent flooding. In 2007, the Kootenai County Board of Commissioners (the Board) denied Cedar Ridge’s subdivision application because Cedar Ridge did not provide base flood elevation information as required by the county’s flood and subdivision ordinances. Cedar Ridge appealed this denial to the trial court, which affirmed the Board’s decision. Cedar Ridge then appealed to the Supreme Court of Idaho, which also affirmed.

Analysis: The subdivision ordinance requires the Board to find that a proposed subdivision will meet the county’s floo[..]