A lawsuit against Valley County over its approval of a subdivision near Donnelly would be dropped under an agreement approved last week by the Board of County Commissioners.
The agreement, however, must still be approved by Fourth Judicial District Judge Jason Scott, who will consider doing so on Oct. 24 at 2:30 p.m. in the Valley County Courthouse in Cascade.
If approved, the agreement would resolve the April 14 lawsuit filed by neighbors of the county’s January approval of the 30-lot River Fork Ranch Subdivision on 44 acres along Spink Lane near Idaho 55.
The agreement would entitle eight neighbors named in the lawsuit to present their concerns to the county commissioners for one hour during a regularly scheduled meeting.
The county is not required to change the terms of its Jan. 13 approval of River Fork Ranch, under the agreement, a copy of which was obtained by Valley Lookout through the Idaho Public Records Act.
“I mean, we will listen to the opposing view on this…but my understanding is this just negates the potential for a lawsuit where Valley County would have to defend our actions,” said Sherry Maupin, who chairs the county commission.
Developer objects to settlement agreement
While the county agreed to the settlement, Gold Fork Ranch developer Dave Callister of Garden City filed an objection to it on Sept. 11, according to online court records.
Amy Holm, a McCall attorney representing Callister, told the commissioners last week that the settlement violates Callister’s due process rights by considering new information from only the neighbors.
Callister has legal standing in the case because he filed as an intervening party shortly after the lawsuit was filed by the neighbors.
Holm also questioned the precedent the settlement agreement would set for future county land use approvals.
“It could potentially lead to potential exposure in the future for the county related to the applicant’s rights,” Holm said.
A site map of River Fork Ranch. Map: Via Lake Fork Ranch LLC
The lawsuit was filed by David and Cindy Squires, Jeff and Janelle Miller, Marshall Haynes, Peggy McMillen, Kathleen Trever, and Thomas Peppersack, all of whom own property near the subdivision. They are represented by Boise attorney Abigail Germaine of Elam & Burke.
The lawsuit does not specifically say how the county erred in its decision to approve River Fork Ranch, but seeks a court opinion on whether it complies with state laws, local codes, and county planning documents.
The city is being represented in the case by Chief Deputy Prosecutor Brian Oakey, who advised the county commissioners to approve the settlement.
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Complicated history
The lawsuit filed by the neighbors was the latest episode in River Fork Ranch’s complicated history since Callister applied for permitting early in 2024.
The application was denied by the Valley County Planning and Zoning Commission on May 9, 2024, amid concerns that the subdivision would not be compatible with surrounding agricultural lands, county code, or county planning documents.
That decision, however, was overturned by the county commissioners on Sept. 9, 2024, following an appeal filed by Callister. The commissioners then vacated that approval after neighbors filed appeals of their own that said the county relied on insufficient evidence for the approval and used improper procedures.
The commissioners re-opened the application, then voted for a second time to approve the application on a 2-1 split vote. Commissioners Sherry Maupin and Elt Hasbrouck, who is no longer on the board, voted in favor of approval. Commissioner Neal Thompson was opposed, saying he felt the project was too dense for the location.
