Why new zoning code is overdue

For more than 40 years, I have represented homeowners asking my assistance to preserve their private property rights. We have contested applications by developers and individuals in controversies before the Kootenai County board of commissioners and in lawsuits in district court and, on occasion, in the Idaho Supreme Court.

In every instance, the change we opposed would drastically alter the neighborhood and/or degrade the area by multiple housing and/or increase the traffic and/or result in a decrease in the market value of my clients' homes.

The homeowners I have represented ranged in numbers from three, more generally up to at least 10 and on occasion over 100. The numbers opposed were always far more than the individual seeking the change.

Zoning was and is enacted to preserve the private property rights of owners who are already there. The constitutionality of zoning was affirmed by the United States Supreme Court in 1926 in upholding a village ordinance that excluded commercial development in a residential district. Village of Euclid, Ohio v. Amber Realty Company (1926).

The existing Kootenai County Zoning Ordinance is replete with ambiguities and contradictions. The draft revision is intended to carry out the Kootenai County Comprehensive Plan adopted after three or four long years of hearings and revisions.

Those screaming about property rights and opposing the new code are knowingly or unwittingly supporting the next developer who will be trying to take away the private property rights of homeowners.

The proposed new zoning code will provide better protection for homeowners from greedy developers (and their real estate agents) seeking to ruin the neighborhood for personal gain.

Scott W. Reed is a Coeur d'Alene-based attorney.