Judge gives owner of historic downtown Boise building ‘final chance’ to make repairs
The owner of the historic Union Block building in downtown Boise will have to work with, and not against, the city to get the building back in shape.
U.S. District Court Judge David Nye said in an order Jan. 30 that he finds himself taking an usually active role in the day-to-day disputes over repairs to the building as owner Ken Howell and the city find themselves “continually at an impasse.”
“Lest it be lost on anyone, both parties want the same outcome here: a safe and operable building,” Nye wrote. “It seems, however, that hard feelings and stubborn minds have slowed things to an almost standstill. But something needs to happen in order to evaluate where things stand today and how the project will move forward.”
He ordered Howell and the city to meet and agree on a date for a city official to come inspect the building. Within 30 days of the inspection, the city has to provide Howell with a report listing any outstanding repairs or current conditions that render the building dangerous.
Then, both parties must meet to discuss the report, after which the city could approve any permits needed for work to move forward.
Howell is then required to submit a detailed timeline of when the repairs outlined in the report would be completed. Nye said the city can begin getting bids for the work as well, though he noted the city cannot affirmatively take over at this time. He wrote that Howell has “this final chance” to make the repairs himself.
Howell, a Boise developer and owner of Parklane Management Co., sued the city over the building’s forced closure. He seeks damages for the loss of tenants and reputational harm to himself, his company and the building. He also seeks payment for expenses incurred defending any litigation filed by his tenants.
BoiseDev reported earlier the order from Nye.
City told building owner to make repairs
The city cordoned off the Union Block, located at 730 W. Idaho St., in November 2023 and ordered it be vacated after officials inspected the space and decided it was unsafe to occupy. They listed several subsections of the city’s code for dangerous buildings.
The Ada County Highway District also closed the adjacent sidewalk, on-street parking and far-right lane of traffic on Idaho Street.
The two-story building has been under construction for several years, with steel beams temporarily holding it up after Howell got approval from the city in 2018 to carve out an additional floor below ground to lease to businesses or other tenants. That project was only supposed to take about a year.
The city gave Howell about 180 days, including a 120-day extension, to make the necessary fixes to shore up the building and reopen it. But the work was never fully completed, and in June the city decided to take over and pursue the repairs at Howell’s expense under a facade easement, which allows the city to act to preserve buildings with historical or architectural significance.
The building, completed in 1902, is on the National Register of Historic Places. Its sandstone facade is a quintessential part of the downtown streetscape.
Howell, a Boise developer and owner of Parklane Management Co., sued the city over the building’s forced closure. He seeks damages for the loss of tenants and reputational harm to himself, his company and the building. He also seeks payment for expenses incurred defending any litigation filed by his tenants.
