The Cliffs' Blog

I'm pleased to announce the 4th District Court has made official Skyline's and Boise City's agreement to dismiss the lawsuit over the city's Area of Impact (AOI) expansion. You may recall the City aimed to expand its AOI to include the area where The Cliffs is currently being planned (see March 23 blog entry below).

The joint action to dismiss the lawsuit came after both Skyline and the City agreed to various terms, including: (1) the City has no jurisdiction over The Cliffs, (2) the City is not regulating any part of our development, and (3) the Foothills Policy Plan is only a guide an not an enforceable ordinance. These points are spelled out in the City's resolution approving its AOI application and in the City's regulatory takings analysis letter for that approval.

As shown by our ability to reach an agreement here, our relationship with the City has always been amicable. We've worked closely with many staff and elected officials over the decades and we are proud to have built many of Boise's neighborhoods.

In reaching this resolution with the City, we have confirmed, with the City's agreement, the important point that "the law in effect when an application is submitted governs." This quote is from the City Planning & Development Services' own statements from its regulatory takings analysis. As the City sets out in that letter, the land area for The Cliffs was outside the City's Area of Impact at the time the development application for The Cliffs' was submitted to and accepted by Ada County.

In other words, the County retains jurisdiction over this land and the County will evaluate The Cliffs' application. While the City is still proceeding with its efforts to expand its AOI, that should not affect The Cliffs. Overall, this is positive for The Cliffs and the public.