Noble v. Kootenai County, 148 Idaho 937

Summary

The Idaho Supreme Court affirmed the denial of a residential subdivision application by the Kootenai County Board of Commissioners because the applicants failed to provide base flood elevation information required to demonstrate compliance with county subdivision and flood ordinances. The court held that the Board's site visit violated Idaho's open meeting laws, but concluded that the violation did not prejudice the applicants' substantial rights. The court denied attorney fees because the applicants were not the prevailing parties.

Holdings

1. The Board properly denied the subdivision application because the applicants failed to provide the base flood elevation information required to demonstrate compliance with the County Flood Damage Prevention Ordinance and the Subdivision Ordinance.
2. The Board violated Idaho's open meeting laws by conducting the site visit in a manner that made it practically impossible for the public to hear the proceedings.
3. The open-meeting violation did not require reversal because the applicants failed to show prejudice to a substantial right.
4. The applicants were not entitled to attorney fees because they were not the prevailing parties.

Questions Presented

1. Whether substantial and competent evidence supported the Board's denial of the subdivision application for failure to provide base flood elevation information.
2. Whether the Board's site visit violated Idaho's open meeting laws and the applicants' procedural rights.
3. Whether the procedural error prejudiced the applicants' substantial rights.
4. Whether the applicants were entitled to attorney fees on appeal.

Disposition

affirmed