"This just simply means we get to argue the case on its merits. We are confident we will prevail" - McCall City Manage Lindley Kirkpatric
A judge ruled Tuesday that the Mountain Central Board of Realtors has standing in its lawsuit against the city of McCall's affordable housing laws.
Fourth District Judge Thomas Neville found that the Mountain Central Board of Realtors has standing and "the controversy is ripe for review."
The ruling came against the city's motions to throw out the Realtors' challenge to the city's affordable housing laws.
No date has been set for a hearing on the merits of the case. Neville did order that the case be heard "as soon as practicable."
"Obviously, we would have preferred a different outcome, but this just simply means we get to argue the case on its merits," City Manager Lindley Kirkpatrick said. "We are confident we will prevail."
Last fall the board of Realtors sued the city over its affordable housing laws that require builders
of new homes to pay an affordable housing fee and require 20 percent of new developments to be affordable housing.
The pretrial motions were heard on Feb. 21 in Cascade.
At that hearing, the city asserted that the board did not have standing because it did not own property and could not show "palpable injury."
At that hearing, Neville did rule against the city's motion to strike several affidavits by members of the board of Realtors.
"I am pleased with the outcome and I am anxious to move onto the actual heart of the matter, which is the inclusionary zoning and linkage ordinance part of it," said Ray Moore, president of the board of Realtors.
"It has been our desire all along to get this thing over with and get some answers," Moore said.
The Realtor board's lawsuit claims the city's affordable housing laws are "arbitrary and capricious."
It also claims the laws are an illegal rent control and "far exceed the city's zoning power under the Idaho Land Use Planning Act."
The lawsuit also claims the city's affordable housing laws are an illegal taking of private property and amount to an "unauthorized impact fee."
The lawsuit claims the laws are illegal and will cause members of the Realtor association irreparable harm.
In response to the lawsuit last fall, the city placed a moratorium on building in McCall. The city then decided to allow building to continue if developers sign a waiver agreeing to the city's affordable housing requirements. In March, the McCall City Council extended the moratorium with the waiver exception for a year.
"Community housing is a critical part of the community," Kirkpatrick said. "It is something we need to implement to maintain our long-term economic viability."
