White v. Bannock County Commissioners, 139 Idaho 396

Summary

The Supreme Court of Idaho held that the district court should have dismissed Boyd B. White II’s challenge to a conditional use permit because he failed to exhaust the administrative remedies provided by Bannock County’s zoning ordinance and applicable statutes. The court reversed the district court’s summary judgment voiding the permit and remanded without a remedy, awarding costs but not attorney fees to the appellants.

Holdings

1. The district court should have applied the doctrine of exhaustion of administrative remedies and dismissed White's complaint because he failed to complete the prescribed administrative appeal and obtain a final decision from the county commissioners.
2. No recognized exception to the exhaustion requirement applied because the conditional-use-permit dispute was within the zoning authority's specialization and the administrative remedy was as likely as judicial review to provide the requested relief.
3. White was not entitled to summary judgment because he could not obtain judicial relief invalidating the permit before exhausting the available administrative remedies.

Questions Presented

1. Whether the district court could review and invalidate the conditional use permit through White's complaint when he had not exhausted the administrative appeal procedure established by county ordinance and state law.
2. Whether the district court properly granted summary judgment, voided the conditional use permit, and remanded the matter to the county planning and development council.
3. Whether the recognized exceptions to the exhaustion doctrine applied to White's challenge to the conditional use permit procedures.

Disposition

reversed_and_remanded