United States District Court, D. Idaho
MOUNTAINWEST VENTURES, LLC, a Colorado limited liability company, Plaintiff,
CITY OF HOPE, IDAHO, a municipal corporation, JOE DEAN, BILL BREEN, PHIL DREISBACH, ROBERT LIZOTTE, BRUCE STUTZKE, AND BRYAN QUAYLE, Defendant.
MEMORANDUM DECISION AND ORDER
B. LYNN WINMILL, Chief District Judge.
Pending before the Court is defendants' Motion to Dismiss (Dkt. 19). For the reasons explained below, the Court will grant the motion.
Plaintiff MountainWest Ventures, LLC, wishes to develop real property in the City of Hope, Idaho. To develop the property according to its plans, MountainWest applied to the City of Hope for a Conditional Use Permit. The City conducted public hearings on the application on April 24, May 8, June 20, and July 10, 2013. Ultimately, the City denied the application.
After the application was denied, MountainWest requested a regulatory takings analysis from the City. Compl., Dkt. 1, ¶ 55. The City provided that analysis on August 29, 2013, and later denied MountainWest's request for reconsideration. Id. ¶¶ 59, 64, 72.
MountainWest alleges that the City acted inappropriately at several points during these proceedings. See Response Br., Dkt. 27, at 14-15; Compl., Dkt. 1, ¶¶ 17-58. Among other things, MountainWest alleges that the City, or members of the City Council:
(1) did not provide timely or adequate information to MountainWest before or after the public hearings, see Compl. ¶¶ 16-17, 27-29, 47-48, 56-59, 63, 70;
(2) did not allow MountainWest to participate in the application review meeting, id. ¶ 17;
(3) met with, and provided information to officials from the Idaho Transportation Department, without first notifying MountainWest, id. ¶¶ 20-24;
(4) improperly remanded the application to MountainWest after the May 8, 2013 hearing, id. ¶¶ 31-33;
(5) did not include in the record all of the information MountainWest had provided, id. ¶¶ 37, 49-50;
(6) did not timely decide the application, id. ¶¶ 40-41;
(7) conducted an executive City Council session without identifying the basis for doing ...