Conflict of interest prohibited.
A governing board creating a planning, zoning, or planning and zoning commission, or joint commission shall provide that the area and interests within its jurisdiction are broadly represented on the commission. A member or employee of a governing board, commission, or joint commission shall not participate in any proceeding or action when the member or employee or his employer, business partner, business associate, or any person related to him by affinity or consanguinity within the second degree has an economic interest in the procedure or action. Any actual or potential interest in any proceeding shall be disclosed at or before any meeting at which the action is being heard or considered. For purposes of this section the term "participation" means engaging in activities which constitute deliberations pursuant to the open meeting act. No member of a governing board or a planning and zoning commission with a conflict of interest shall participate in any aspect of the decision-making process concerning a matter involving the conflict of interest. A knowing violation of this section shall be a misdemeanor.
Notes of Decisions
Gooding Cnty. v. Wybenga, 46 P.3d 18 (Idaho 2002).
· cites it 31× “*203 On June 22, 2000, the Wybengas moved for partial summary judgment seeking a ruling that Ordinance 66 was void because Win Henslee, a Gooding County Commissioner, violated Idaho Code § 67-6506 by participating in the proceedings to adopt the Ordinance when he had a conflict…”
Manookian v. Blaine Cnty., 735 P.2d 1008 (Idaho 1987).
· cites it 48× “The issue in this case is whether I.C. § 67-6506 [1] prohibits a member of a planning *1010 and zoning commission or a member of the county board of commissioners from taking part in the zoning process set forth in the Idaho Local Planning Act, I.”
Martin v. Camas Cnty. ex rel. Bd. of Commissioners, 248 P.3d 1243 (Idaho 2011).
· cites it 2× “On April 2, 2008, the court entered a separate order of preliminary injunction on the basis that conflicts of interest existed at both the planning and zoning and county commissioner levels, in violation of I.C. § 67-6506. On May 12, 2008, the Board adopted a new Amended…”
Castaneda v. Brighton Corp., 950 P.2d 1262 (Idaho 1998).
· cites it 2× “Idaho Code § 67-6506 , a provision of the Local Land Use Planning Act, contains a conflict of interest prohibition that precludes a member of a governing board or commission from participating in any proceeding or action when the member, employee, business partner or close…”
Sprenger, Grubb & Assocs., Inc. v. City of Hailey, 903 P.2d 741 (Idaho 1995).
· cites it 4× “1 I.C. § 67-6506 prohibits a member of a governing board or commission, who has “an economic interest in the procedure or action,” from participating in a zoning proceeding.”
Martin v. Camas Cnty. Ex Rel. Bd. Com'rs, 248 P.3d 1243 (Idaho 2011).
· cites it 2× “On April 2, 2008, the court entered a separate order of preliminary injunction on the basis that conflicts of interest existed at both the planning and zoning and county commissioner levels, in violation of I.C. § 67-6506. On May 12, 2008, the Board adopted a new Amended…”
In Re Application for Zoning Change, 96 P.3d 613 (Idaho 2004).
· cites it 2× “Idaho Code § 67-6506 required the commissioner who was related to Jerry Brower to abstain from participating in the proceedings, but there is no provision in the law for the appointment of a substitute.”
George Martin v. Ed Smith, 296 P.3d 367 (Idaho 2013).
· cites it 2× “On April 2, 2008, the court entered a separate order of preliminary injunction on the basis that conflicts of interest existed at both the planning and zoning and county commissioner levels, in violation of I.C. § 67-6506. On May 12, 2008, the Board adopted a new Amended…”
Scott v. Gooding Cnty., 46 P.3d 23 (Idaho 2002).
· cites it 2× “In a memorandum decision issued on July 14, 2000, the district court held that Ordinance 66 was invalid pursuant to Idaho Code § 67-6506 because Commissioner Henslee had a conflict of interest.”
Burch v. Smathers, 990 F. Supp. 2d 1063 (D. Idaho 2014).
“Specifically, Burch alleges violations of Idaho Code Sections 67-6506 (Council members with conflicts of interest may not participate in decisions), 67-6535 (permit decisions are to be based on standards), and 67-6536 (requiring a verbatim record of all hearings).”
S Bar Ranch v. Elmore Cnty. (Idaho 2022).
· cites it 14× “” Further, the district court emphasized the Commissioners’ statutory obligation to “provide necessary water” and reasoned that not considering a project’s impact on county water supplies would be a dereliction of duty for a commissioner. LLUPA provides that “[a] member . . . of…”
Brower v. Bingham Cnty. Commissioners, 96 P.3d 613 (Idaho 2004).
· cites it 2× “Idaho Code § 67-6506 required the commissioner who was related to Jerry Brower to abstain from participating in the proceedings, but there is no provision in the law for the appointment of a substitute.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.