2 small Boise-area cities are fighting over growth and development. This is why
Facing major growth and development, two Boise suburbs are fighting in court over which city gets to annex precious, buildable land between the two.
The cities of Middleton and Star are feuding over land west of Can Ada Road in Canyon County. Middleton said the land is its to annex. But Star has already annexed the property illegally, Middleton claims.
In a lawsuit filed in November, Middleton claims Star illegally annexed a quarter square mile of property that Middleton had legally claimed.
Middleton disputes two Star developments, the River Park Subdivision and Loran Estates Subdivision, court records show. The Star City Council held public hearings on these two developments in April and May last year. The River Park Subdivision is 150.5 acres at 21817 and 21835 Blessinger Road. Loran Estates Subdivision is 10.5 acres at 23307 N. Can Ada Road.
Middleton hopes to stop any future annexations by Star in its impact area.
Cities are allowed by Idaho Code to annex land into city limits within their areas of impact, the legally defined area where a city anticipates growing and extending services. Cities throughout Idaho have areas of impact agreements with their counties. Any areas outside of one city’s area of impact can be added to another adjacent city’s, but Middleton said cities are not allowed to annex properties in other city’s impact areas.
Middleton said Star does not have an area of impact in Canyon County, as it exists mainly in Ada County, and Middleton’s area of impact extends to the county line at Can Ada Road.
“We have been planning for nearly two decades into our area of impact,” Middleton City Administrator Becky Crofts said in a meeting with Canyon County Commissioners on May 4, 2021. “We have engaged in long-term extensive land use, transportation, utility planning in this area. “
Crofts said Middleton is concerned that Star is approving developments with much greater density than Middleton and the county planned for.
“We have had a lot of developers come into Middleton wanting to put up town homes, wanting to put up apartments, and the council wants to keep Middleton a rural community,” Crofts said at the May meeting. “Star’s planning is more dense than the city or county would want.”
The dispute has implications for future land use
Christopher Meyer, an attorney with Givens Pursley who specializes in planning and zoning law, is representing Middleton in its lawsuit. At the meeting, he praised Idaho Code for setting rules that typically prevents disputes like the Middleton and Star situation.
“With area of city impact, you work out these boundaries with the county and then you honor them,” Meyer told the commissioners. “That has not happened here. The first part happened, but the city of Star has not honored that.”
Middleton’s area of impact was first established with Canyon County in 2001 and was adjusted in September 2021. Star is in negotiations with the Canyon County commissioners to establish its own area of impact with Canyon County.
Star has countered Middleton’s claims in court, saying Star can annex properties that extend beyond its area of impact and into Canyon County as long as all private landowners have consented and the land connects to the city.
“Idaho’s annexation statute contains no such restriction for a city exercising its annexation power,” Star’s attorneys wrote in court documents.
Star’s attorneys also argue that any judicial decision on the annexation of River Park Subdivision and Loran Estates would be “untimely.”
“For both annexation approvals, the time for filing a judicial review lapsed after 28 days on June 15, 2021,” the documents said.
Star Mayor Trevor Chadwick and the attorneys representing Star in the lawsuit did not respond to requests for comment.
Star’s attorneys say judicial review is not authorized in this type of annexation process where landowners have consented. A district judge is scheduled to hear Star’s motion to dismiss the case at 1:30 p.m. Thursday, Feb. 24, over Zoom.
Meyer told commissioners, “This is a situation where investments have been made and should be honored.”
He added that the dispute has implications county and statewide.
“This little dispute between two tiny cities could be replicated in every city in Canyon County,” Meyer said. “You could have people coming in from all over the place saying, ‘We are going to annex in here.’”
Idaho legislator takes a stand
Idaho Rep. Doug Okuniewicz, a Republican from Hayden, introduced legislation to support Star’s efforts in this case.
His bill HB 635, would allow annexations, where all private landowners consent, to extend into any city’s area of impact.
If passed this legislation would allow Star to continue to annex land in Middleton’s area of impact.
This story was originally published February 23, 2022 at 10:30 AM.
