Citizens sue over approval of 606 homes in Garden Valley Group says Boise County Commission called a private session on Southfork Landing without following law
A citizens group filed suit Friday against Boise County commissioners, contending they held an illegal executive session before approving a controversial 606-home riverside development planned for Garden Valley
If commissioners are found guilty of violating the open meeting laws, they could face $150 fines, and decisions made at the meeting could be voided.
Commissioners called an executive session with Boise County Prosecutor Theresa Gardunia at a July 24 meeting, but gave no reason. The private session was not on the agenda and violates several requirements of Idaho's open meeting laws, including not citing what part of the open meeting laws authorized the session, a lawsuit by Garden Valley Citizens alleges. The suit also claims Southfork Landing was not a legitimate topic of discussion for an executive session.
After the executive session, commissioners Roger Jackson, Fred Lawson and Paul Stutzman reopened the meeting and unanimously approved the Southfork Landing development.
"We can't let people just break the law left and right just because they think they have the power," Garden Valley Citizens member Jayne Reed said.
Commissioners have defended the executive session as appropriate, but Gardunia said earlier this month that it was unauthorized. Gardunia, who has since been appointed a 4th District magistrate judge, did not return a phone call Friday.
The planned use development, the first of its kind in Boise County, could transform the rural community, potentially doubling its population, raising the tax base and improving business.
Commissioner Stutzman said the commissioners needed legal advice from Gardunia on the project, but he is not sure if the session was legal.
"That remains to be decided by the courts, I guess," said Stutzman, who is serving out his term after being defeated in a May primary.
Stutzman said Friday that he wasn't told of the executive session until board Chairman Jackson called it and said Jackson often calls unscheduled executive sessions. That complaint has been leveled against Jackson in the past by residents and Boise County Sheriff Drew Bodie.
Jackson, who also was defeated in the May primary, could not be reached for comment.
Asked for reaction to the complaint, commissioner Fred Lawson said, "I don't react to nothing" before hanging up.
Southfork partner Lloyd Mahaffey said that his team started surveying and staking roads for the development this week and that his group has complied with the county's planned use development ordinance. "I'm disappointed in the open meeting complaint because it just seems to be malicious and (Garden Valley Citizens) seeking legal fees," he said.