ELR Citation: ELR 20522
No(s). CV 93-9955 (D. Idaho Jan 27, 1994)

The court holds that a county ordinance requiring federal and state agencies to consult and coordinate with the county board of commissioners on land use decisions and to comply with the county's interim land use plan, which purports to control acquisition of private lands by federal agencies and prohibits federal agencies from acquiring private lands without returning equivalent public lands to the private sector, violates the Idaho and U.S. Constitutions. The court first holds that the plaintiff environmental groups have standing to challenge the ordinance. Affidavits submitted by members of the groups establish that they may suffer damage to their recreational and aesthetic interests as a result of the county enforcing the ordinance. Next, the court holds that the case is ripe and appropriate for declaratory judgment. The county's intent to follow its policy of promoting local economic development could result in the loss of public lands central to plaintiffs' interests, and ruling on the ordinance's constitutionality will clarify and settle the legal issues.

The court holds that the ordinance violates the Supremacy Clause of the U.S. Constitution. Congress' power under the Property Clause to control disposition of public lands is exclusive, without limitation, and free from state interference. The ordinance places requirements on the federal government that conflict with Article I of the U.S. Constitution and the Federal Land and Policy Management Act, and thus Federal law preempts the ordinance. Additionally, the court holds that the ordinance is inseverable because it is too broad in scope. Therefore, the court declares the entire ordinance void. Finally, the court holds county ordinance violates the Idaho Constitution, because Idaho's Constitution vests the State Land Board with exclusive control over the location, protection, sale, acquisition, or rental of state lands.

Counsel for Plaintiffs
Scott W. Reed
401 Front St., P.O. Box A, Coeur d'Alene ID 83814
(208) 664-2161

Counsel for Defendants
Randall W. Day
P.O. Box 1148, Bonners Ferry ID 83805
(208) 267-3197