The ongoing saga of the largest community-housing-specific development approved in Blaine County history is possibly far from over.
Quail Creek, a development approved by the Blaine County Commission in March 2006, was slated to include a total of 87 free-market homes as well as 39 community housing units. However, not long after the project was approved, Deane Johnson, who owns land adjacent to the proposed Quail Creek site, appealed the commissioners' approval.
The Quail Creek subdivision is proposed to be built on 23 acres in two neighborhoods on land south of St. Luke's Wood River Medical Center on the east side of Highway 75, south of Ketchum. The neighborhoods would be separated by other properties, including the Wood River Animal Center and Clear Creek Disposal.
The developers of Quail Creek—a Ketchum-based group called Clear Creek LLC—early on promised that the development would be one of the most progressively planned and environmentally sound housing developments in the Wood River Valley. Some of the development's perks are to include common space, a community center, local mail delivery, access to the valley bike path and public transportation.
Although the reasons for his appeal of the project were many, Johnson based his opposition to the development on the grounds that its approval violated various Idaho code and Blaine County land-use laws. A handful of housing units in the development were built prior to Johnson's appeal of the project.
Since then, the legal battle started by Johnson has stretched on for months.
Finally, on Aug. 1, 5th District Court Judge Robert J. Elgee ruled against Johnson's appeal of the project. In his denial of Johnson's appeal, Elgee ruled against every aspect of the suit.
Elgee ruled that Blaine County officials did not unlawfully delegate their authority regarding the Quail Creek Community Housing Planned Unit Development to the Blaine-Ketchum Housing Authority in violation of the Idaho Constitution as Johnson claimed. Specifically, the plaintiff argued that the Blaine County Commission had unlawfully allowed the housing authority to determine the qualifications for a community housing unit after receiving approval of the Quail Creek project, Elgee's ruling states.
Johnson also claimed that he wasn't given the right to appeal the housing authority's actions with regard to the project.
Elgee rejected the claims in his lengthy 20-page Aug. 1 ruling.
"The court concludes that it is not unlawful for the Board (of Blaine County Commissioners) to delegate pricing and other authority to the BKHA," he states.
Another of Johnson's claims was that the County Commission failed to consider the Quail Creek application with regard to the Blaine County Comprehensive Plan.
Specifically, if the county rezoned property inconsistent with the comprehensive plan, Johnson argued, then approving the application constituted illegal spot zoning.
In his ruling, Elgee states that there are two types of spot zoning.
The first is when a change in zoning is not in accord with the comprehensive plan, the judge said. The second is when a zone change singles out a parcel of land inconsistent with the permitted use in the rest of the zoning district for benefit of an individual property owner.
Again, Elgee rejected Johnson's complaint.
"It is clear to the court that the board considered the CP (comprehensive plan) and found it to be consistent with the project," he ruled. "Therefore, the board's approval did not constitute type one spot zoning."
In addition, Elgee ruled that with regard to the second form of spot zoning, he could not find that the zoning change awarded to the project permitted a use of a single parcel inconsistent with the use permitted in the rest of the zoning district.
"The board did not treat any parcels inconsistently because the property use was included in the proper designated zoning district. The court cannot find approval of the project constituted type two spot zoning," he ruled.
While Judge Elgee's decision may have seemed like the last word on the Quail Creek matter, Johnson, with counsel from Hailey-based attorney Fritz Haemmerle, sees it differently.
On Aug. 27, Haemmerle filed a notice of appeal with the Idaho Supreme Court challenging the basis of Elgee's ruling.
"I just respectfully disagree with his decision," Haemmerle said during a brief phone interview Wednesday.
In his appeal to the Idaho Supreme Court, Haemmerle specifically objects to Elgee's decision regarding the Blaine County Commission's delegation of power to the BKHA and whether approval of the project violated the Blaine County Comprehensive Plan, among other things.
The Idaho Supreme Court is not obligated to consider the appeal.
He said no date has yet been set for the matter to be considered. Haemmerle said he is under no illusion that the Idaho Supreme Court will resolve the issue anytime soon.
"I anticipate there will be a good year until this is heard."
A recent court decision that said Blaine County did not break any laws when it approved the largest community-housing-specific development in county history has been appealed to the Idaho Supreme Court. The appeal means the future of the Quail Creek project, a small portion of which is shown here, is still unclear.
Photo by David N. Seelig
