BOISE, Idaho — On Wednesday, the Idaho Supreme Court overturned the Boise City Council's decision to grant a conditional use permit for a new shelter home facility in Northwest Boise near Veteran's Park.
In the opinion, the court ruled that the City Council's decision was arbitrary and capricious, based on unlawful procedure, and violated the Veteran's Park Neighborhood Association's (VPNA) "substantial rights."
As such, plans for the proposed Interfaith Sanctuary have been put on hold indefinitely.
RELATED: Construction begins on Interfaith Sanctuary's new shelter
Initially, the Interfaith Sanctuary hoped to move from its downtown location to the new, Northwest Boise space on West State Street. However, that move hinged on the Interfaith Sanctuary Housing Services' ability to obtain a Conditional Use Permit (CUP).
A conditional use permit allows certain businesses to operate in zoning districts that may be reserved for particular uses outside an entity's purview.
When the Interfaith Sanctuary first attempted to obtain a conditional use permit, it was denied by the Planning and Zoning Commission on the basis that "[The Interfaith Sanctuary] could not be 'conditioned into compliance' with the Boise City Code and the City’s Comprehensive Plan."
The City Council voted to reverse that decision and proposed that they move forward with the project, "subject to 30 conditions of approval."
In response, the VPNA petitioned the state for a judicial review. Upon review, a district judge upheld the city council's decision. The VPNA appealed that decision and sent the review to the Idaho Supreme Court. The Supreme Court then denied the CUP. The Idaho Supreme Court denied a suggestion made by the City Council to review their documentation.
“We decline to dive into a sea of documents in search of hidden pearls that might bolster a governing body’s unsupported decision," reads the court's Summary Statement.
