Burt v. City of Idaho Falls

DONALDSON, Chief Justice.

This controversy involves the annexation of approximately 68.78 acres of land by the city of Idaho Falls. The annexation was requested by several owners of the land. The City Planning and Zoning Commission and the City Council conducted hearings and other required procedures preliminary to annexation, zoning and amendment of its Comprehensive Plan. The annexed land was then zoned C-l (commercial) by the city. The land had been previously zoned by the county as R-l (single-family residential).

The appellant, John I. Burt, claims to be a resident of Idaho Falls whose dwelling is located within approximately one block of the annexed land. Burt also contends that he is a proper representative óf more than 800 other residents and property owners of the city who have been adversely affected by the city’s actions. Seeking review of the city’s actions, Burt on his own behalf as well as that of others filed a Notice of Appeal and Petition for Review in the district court under I.C. §§ 67-6521, 67-5215 and I.R.C.P. 83(c).

Respondents moved to dismiss the appeal on grounds that the appeal procedure was improper and that the district court was without jurisdiction. After briefing and oral argument, the district court filed its memorandum decision and order dismissing the appeal and petition on the ground that the controversy was not ripe for judicial review — no decision granting or denying a land use permit was involved.¹ Relying upon Cooper v. Board of County Commissioners of Ada County, 101 Idaho 407, 614 P.2d 947 (1980), Burt moved to vacate that order. After further briefing and oral argument, the district court filed its final memorandum decision and order denying the motion on the ground that the action complained of was “legislative” and was not “quasi-judicial” in nature. Burt appeals from this last order.

To reach a proper resolution of this appeal, the question to be answered is whether the district court erred in characterizing as “legislative” the activity of the City of Idaho Falls in the annexation, amendment of its comprehensive plan, and zoning of the annexed land. We hold that the trial court properly characterized the questioned activity as legislative and therefore not subject to direct judicial review.²

I.R.C.P. 83(c) provides in part that “[wjhere provided by statute, any final decision of any administrative or governmental agency, body or board may be appealed to the district court.” (Emphasis added.) To determine if the appellant, Burt, has an avenue of appeal from the decision of the city council requires an examination of the provisions of the “Local Planning Act of 1975,” Title 67, Ch. 65, I.C., and a determination of whether the questioned activity is legislative or quasi-judicial. Burt contends that pursuant to I.C. § 67-6521 that he was entitled to bring an appeal to the district court. We disagree.

The annexation ordinance was silent as to the zoning of the annexed land; therefore, it came into the city as unzoned land.³ Ben Lomond, Inc. v. City of Idaho Falls, 92 Idaho 595, 599, 448 P.2d 209, 213 (1968) (“the county zoning ordinance ceased to apply once the land in question was removed from the county’s jurisdiction by annexation. The land was from that time subject to the city’s jurisdiction”); cf. Harrell v. City of Lewiston, 95 Idaho 243, 244, 506 P.2d 470, 471 (1973) (annexation ordinance adopted county zoning ordinance for annexed area by reference). The annexed land was not rezoned by the city but initially zoned. See Ben Lomond, Inc. v. City of Idaho Falls, supra.

“ [Promulgation or enactment of general zoning plans and ordinances is legislative action.” Cooper v. Board of County Commissioners of Ada County, 101 Idaho 407, 409, 614 P.2d 947, 949 (1980); Dawson Enterprises, Inc. v. Blaine County, 98 Idaho 506, 567 P.2d 1257 (1977); Harrell v. City of Lewiston, 95 Idaho 243, 506 P.2d 470 (1973); Cole-Collister Fire Protection District v. City of Boise, 93 Idaho 558, 468 P.2d 290 (1970); City of Idaho Falls v. Grimmett, 63 Idaho 90, 117 P.2d 461 (1941).

In Cooper v. Board of County Commissioners of Ada County, supra, we were faced with determining the procedural due process requirements necessary to support a rezoning decision. In that case the applicants for the rezoning appealed to the district court from a denial of their application. We held that the action of the Board of Commissioners in acting upon a rezoning request was quasi-judicial in nature. Legislative activity by a zoning entity is differentiated from quasi-judicial activity by the result — legislative activity produces a rule or policy which has application to an open class whereas quasi-judicial activity impacts specific individuals, interests or situations.⁴ Cooper, supra 101 Idaho at 410, 614 P.2d at 950. Legislative action is shielded from direct judicial review by “its high visibility and widely felt impact, on the theory that appropriate remedy can be had at the polls.” Id.

Applying the test adopted in Cooper, we hold that in the annexation of land, the subsequent amendment of the comprehensive plan and the zoning of the annexed land, I.C. § 67-6525, the city council acted in a legislative manner, see Cooper, supra; Dawson, supra; Harrell, supra; see also City of Louisville v. District Court In and For County of Boulder, 190 Colo. 33, 543 P.2d 67 (Colo.1975); Golden v. City of Overland Park, 224 Kan. 591, 584 P.2d 130 (Kan. 1978), and that such actions are not subject to direct judicial review. See, e.g., Dawson, supra.

Costs awarded to defendants-respondents.

Attorney fees denied.

Affirmed.

SHEPARD, J., and WALTERS, J. Pro Tem, concur.

1 . The district court’s April 3, 1980, memorandum decision and order recited in part that:

“The review provided for in the [Local Planning] Act channels the issues into specific land use and particularized aggrieved or affected person issues.

“Appellant argues that any permit under any of the new plan and zone changes applicable to the annexed land will aggrieve him. The nebulous issues, hypothetical and unspecific, are not ripe for appropriate judicial review.”

2 . Direct judicial review in this case means an appellate process by which land use decisions by local authorities are appealed to a judicial forum. While we hold that a legislative zoning decision is not subject to direct judicial review, it nonetheless may be scrutinized by means of collateral actions such as declaratory actions, see Stokes v. City of Mishawaka, 441 N.E.2d 24, 26 (Ind.Ct.App.1982), reh’g. denied (1983)1 In such instances the decision will not be disturbed absent a clear showing that it is confiscatory, arbitrary, unreasonable or capricious. See Dawson Enterprises, Inc. v. Blaine County, 98 Idaho 506, 511-12, 567 P.2d 1257, 1262-63 (1977).

3 . The Local Planning Act of 1975 has not abrogated this rule of Ben Lomond; although, I.C. § 67-6525 requires amendment of the comprehensive plan and zoning ordinance concurrently or immediately following annexation.

4 . “Action is legislative when it affects a large area consisting of many parcels of property in disparate ownership.... Conversely, action is considered quasi-judicial when it applies a general rule to a specific interest, such as a zoning change affecting a single piece of property, a variance, or a conditional use permit.” Allison v. Washington County, 24 Or.App. 571, 548 P.2d 188, 190-91 (Or.App.1976) (footnotes omitted). The district court found that:

“The actions of the City of amending the plan and adopting zoning ordinances for annexed property evidences a general land use decision concerning property never before considered within the plan or zoned by the City to effectuate the plan. It is analogous to a general rezone which affects a large number of people — in this case, multiple owners of multiple tracts of land approximating over eight hundred individuals, each with varying affected interests and impacts, and which is highly visible to the public. Further, appellant does not argue that the initial zoning by a city to comply with the Act would be quasi-judicial. Such zoning is viewed as legislative. For the first time, the city determines its zoning and planning policies for its zoning jurisdiction considering those policy components found desirable and encompassed within the plan. After annexation, upon amending the plan, the city zones for the first time such annexed property as required by statute. I.C. 67-6525. Such zoning is analogous to the initial zoning of the city. New planning and zoning policies are determined and applied to the city’s increased zoning jurisdiction. The amendment of the plan and zoning of the annexed property affects the interests of all persons in the city in some manner. Such widely felt impact and high visibility is consistent with action deemed legislative.”

The ownership of the annexed land was diverse and the papers filed by appellant Burt (representing more than 800 others) evidence that this was a general land use decision impacting a large number of people. In Cooper, supra, we distinguished between the activities of the zoning entity’s enacting general zoning legislation and applying existing legislation to specific, individual interests. Id. 101 Idaho at 409, 614 P.2d at 949. We agree with the district court that this was legislative action.