DOWNTOWN BOISE, Idaho — A federal judge recently dismissed a lawsuit brought by the owner of the now-condemned Union Block Building in Downtown Boise. The plaintiff, Ken Howell, previously claimed that actions by City of Boise officials, listed as defendants, were unconstitutional in that they denied him appropriate due process.
The legal dispute centered on a City of Boise decision that declared the Union Block Building to be “dangerous” in November of 2023. In addition to that designation, the City of Boise ordered all tenants to vacate the building until necessary repairs to stabilize the building were completed.
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An independent engineering report later confirmed the structural issues present at the Union Block Building.
Following those findings, Howell repeatedly refused to allow City of Boise officials and inspectors access to the building.
Ultimately, Judge David Nye of the District of Idaho ruled at the end of March that Howell's claim of denied due process was unfounded due to the plaintiff's refusal to participate in the appeals process.
Now, the case may be appealed to the Ninth District Court or litigated at the state level. It remains unclear whether Howell plans to appeal the District of Idaho Court's decision.
Furthermore, Judge Nye ruled that the defendants are protected by qualified immunity since they were acting within the boundaries of their legal authority as dictated by the city code.
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