For the week of October 22 - 28, 2003

Triumph Springs
development
debate revived

Developers ask court
to review August decision

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By GREGORY FOLEY
Express Staff Writer

Attorneys for Lane Ranch Partnership, the development group seeking to establish seven lots above Weyakkin subdivision south of Ketchum, have asked the 5th District Court in Hailey to review an August decision that effectively denied the project.

In a "motion for reconsideration" filed Oct. 7, attorneys for the developers requested that Judge James May reconsider a decision he issued Aug. 7 that essentially upheld a 2001 decision by the city of Sun Valley to deny the development application.

At issue is a 2001 application by Lane Ranch Partnership to rezone a portion of a parcel of property known as Triumph Springs. The application included a proposal to rezone property from the city’s Outdoor-Recreation zoning district to the Rural Estate zoning district. The proposed rezone was to be included in the Sun Valley Comprehensive Plan.

The rezone request was issued to accommodate the development of a new Triumph Springs subdivision, which would include seven new residential lots north of Lane Ranch subdivision and the southern entrance to Sun Valley.

After the city denied the application, Lane Ranch Partnership filed an application to build a road into the Triumph Springs property. That application was also denied by the city.

Attorneys for Lane Ranch then filed a lawsuit against the city, alleging in part that the city’s decision was "arbitrary, capricious, and constituted an abuse of discretion." The lawsuit also alleged that the city’s action was an "unlawful taking" and demanded compensation of more than $10 million.

In June 2003, the city asked the court to make a summary judgment in the case. On Aug. 7, May issued a judgment on several aspects of the case, essentially ruling in favor of the city and rejecting a claim by the developers that they were entitled to the proposed rezone and road.

In addition, the court ruled that the city had not violated the terms of a 1986 annexation agreement between the city and the landowners.

In his decision, May wrote, "The plaintiffs contracted to receive just what they have. Also, like any other applicant, they may continue to apply to the city for approval of any plan that fits within the present zoning ordinance, to apply for a change in land use in that area, or to vote for a change in city officials."

In his summary judgment, May also concluded "there has been no taking."

Sun Valley City Attorney Rand Peebles said the court has scheduled a Nov. 3 hearing to consider the request by Lane Ranch Partnership that the case be reviewed again.

 

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