Bone v. City of Lewiston
107 Idaho 844, 693 P.2d 1046, 1984 Ida. LEXIS 590 (1984)
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Rule of Law:
A city's comprehensive land use plan serves as a guide for future development, not a legally binding mandate that requires a governing body to approve a rezoning application simply because it conforms to the plan's projected uses.
Facts:
- John Bone owned a parcel of land in the City of Lewiston that was zoned for low-density residential use.
- The City of Lewiston's comprehensive land use plan map, which projected land uses for the year 2000, showed Bone's property as designated for commercial use.
- On February 9, 1982, Bone filed an application with the City's Planning and Zoning Commission to rezone his property from low-density residential to limited commercial.
- The Commission recommended denying the application, citing incompatibility with the surrounding residential neighborhood and an existing oversupply of unused commercial properties in the city.
- The Lewiston City Council accepted the Commission's recommendation and denied Bone's rezoning application.
- In denying the application, the City Council did not adopt any formal findings of fact or conclusions of law.
Procedural Posture:
- John Bone filed a lawsuit in district court against the City of Lewiston, seeking declaratory relief and a writ of mandamus to compel the city to enact the requested zoning ordinance.
- The City filed a motion to limit the district court's review to the procedures outlined in the Administrative Procedures Act, specifically I.C. § 67-5215(b-g).
- The district court denied the City's motion.
- Bone then moved for summary judgment, which the district court granted.
- The district court issued a writ of mandamus ordering the City to rezone Bone's property for limited commercial use.
- The City of Lewiston, as appellant, appealed the district court's grant of summary judgment to the Supreme Court of Idaho, with John Bone as the appellee.
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Issue:
Does a city's comprehensive plan, which designates a property for a future commercial use, require the city, as a matter of law, to grant a landowner's application to rezone the property from residential to commercial?
Opinions:
Majority - Justice Bistline
No. A city's comprehensive plan does not, as a matter of law, require a zoning change that is consistent with the plan's land use map. The statutory requirement that a zoning ordinance be 'in accordance with' a comprehensive plan necessitates a factual inquiry, not an automatic approval. The court reasoned that the Idaho statute, I.C. § 67-6511(b), uses the permissive term 'may' recommend and 'may' adopt or reject a zoning amendment, which grants discretion to the governing body rather than imposing a mandate. Furthermore, the court distinguished between a comprehensive plan, which it described as a 'goal or forecast of future development,' and a zoning ordinance, which represents the 'present uses allowable.' Therefore, whether a rezoning is 'in accordance with' the plan is a question of fact that requires the governing body to consider the plan's goals in light of the present factual circumstances surrounding the request.
Analysis:
This decision clarifies the legal relationship between a comprehensive plan and a zoning ordinance, establishing that the former is a policy guide, not a legally controlling instrument. It reinforces the discretionary authority of local governments in zoning matters, allowing them to deny rezoning requests based on current conditions even if the request aligns with a long-term plan. This prevents comprehensive plans from being used as a tool to force immediate development and ensures that zoning decisions can be responsive to present community needs and circumstances. The ruling solidifies the principle that zoning is a legislative function that requires factual inquiry and judgment, not a ministerial act of conforming to a future map.
