Neighbors furiously fought this Boise housing development. Here’s what a judge just ruled
An Ada County judge has ruled against a Boise neighborhood group that alleged a new development would ruin the character of its neighborhood.
Fourth District Judge Darla Williamson heard arguments from the North West Neighborhood Association, the city and the developer in July. She spent a month reviewing the material before ruling.
Residents of Boise’s most northwestern corner been fighting the development of the Prominence subdivision for more than three years. The project, from Boise developer John A. Laude Sr.’s Trilogy Development, would be located at 8633 N. Bogart Lane off Hill Road Parkway in a neighborhood community known as the Old Hill Road.
Neighbors’ biggest concerns involve how the subdivision would affect the area’s wildlife, character and access to fire services.
“It has families going back 50 to 100 years here,” Richard Llewellyn, president of the North West Neighborhood Association, told the Idaho Statesman in a phone interview. “Most of us have strong connections to our neighborhood, so we just haven’t wanted to make radical changes and destroy the regions that people have cherished for so long.”
The development pushback began in 2018, when 300 people showed up to speak out against Prominence at a neighborhood meeting.
Residents fought the subdivision when it came before the Ada County Highway District, whose commissioners approved it but expressed “serious concerns” about road safety issues it could bring. They fought it again in a Boise Planning and Zoning Commission hearing, and commissioners recommended that the City Council deny the subdivision application. Planning commissioners worried fire hazards would worsen as density increased.
The last major Prominence decision came two years ago, when the council approved rezoning the property to allow for higher density housing. That vote was delayed for 60 days as the council asked the neighborhood association and the developer to work together to find a solution.
A new plan was presented to the council in October 2019. The Statesman reported that it “reflected more of the neighbors’ wishes in that more usable open space was added, more pathways were planned, and the number of units was cut from 286 (made up of 73 single-family homes, 83 townhouses and 130 multifamily apartments) to 226 (now with 78 single-family homes, 52 townhouses and 96 multifamily apartments).”
But many residents still weren’t satisfied. The Northwest Neighborhood Association hired attorney Brian Ertz to request a judicial review of the council’s decision. Ertz is now also representing those opposing the development of Southwest Boise’s Murgoitio park parcel.
On July 15, the judge heard arguments from Ertz regarding the council’s 2019 decision. Ertz said the council had violated residents’ rights by not allowing them due process during public hearings.
The judge disagreed.
“The Northwest Neighborhood Association has not shown that the City Council acted in excess of constitutional or statutory provisions; in excess of the statutory authority of the agency, acted upon unlawful procedure; that its decision was not supported by substantial evidence on the record as a whole, or was arbitrary, capricious or an abuse of discretion,” Williamson wrote in her Aug. 15 decision.
She also dismissed the neighborhood association’s biggest complaint: Prominence will destroy the neighborhood’s bucolic rural character.
“Essentially, NWNA asserts that any development of this private land prejudices its substantial rights to “open space and rural character,” Williamson wrote. “More than this is required to demonstrate prejudice to substantial rights. Otherwise, any development of private land would satisfy the requirement as to already existing property owners who simply oppose any development or change in the status quo.”
Llewellyn said the North West Neighborhood Association may appeal to the Idaho Supreme Court.
“NWNA is exploring its options for moving forward, as we are confident in the underlying merits of our case,” he wrote in an online statement. “We remain committed to ensuring that Boise residents have access to fair, transparent, and legal decision-making with regard to the land use decisions that shape how our city changes.”
Today, the City Council has still not found a location for its planned Northwest fire station.
Sally Krutzig covers Treasure Valley growth and development. Have a story suggestion or a question? Email Krutzig at skrutzig@idahostatesman.com.
This story was originally published September 2, 2021 at 4:00 AM.
