BOISE, Idaho — The Union Block building remains vacant in the heart of downtown Boise, with parking spaces, sidewalks, and alleyways around the historic property still blocked off more than two years after the city ordered tenants out.
For people who regularly walk, drive, shop or eat near the popular 8th Street pedestrian area, the building is hard to miss. And the legal fight over what happens next is far from over.
WATCH | Downtown Boise’s Union Block remains vacant as its legal battle moves to federal appeals court—
The dispute dates back to November 2023, when the city of Boise condemned the building and ordered tenants to vacate. Owner Kenneth Howell and Union Block Associates later sued the city, arguing, among other things, that the city violated their due process rights.
Earlier this year, a federal district court granted summary judgment in favor of the city on the owners' federal claims. The court declined to exercise supplemental jurisdiction over the remaining state-law claims.
Now, according to court documents obtained by Idaho News 6, the building's owner is appealing.
Howell and Union Block Associates filed an opening brief with the 9th U.S. Circuit Court of Appeals earlier this month, arguing the lower court got it wrong and asking the appeals court to reverse the decision and send the case back for trial. Former Idaho Attorney General Dave Leroy said the filing is an important step in the appeals process, but it does not mean a resolution is coming soon.
"The bad news is that the uncertainty of the legal outcome appears to be precluded for immediate decision," Leroy said, adding that the case could remain before the 9th Circuit for many more months, potentially as long as a year.
The city of Boise will have an opportunity to respond to the owners' opening brief. The Union Block side can then file a reply before the appeals court moves toward arguments and, eventually, a decision.
"So a Union Block resolution, even at the appellate court level, is probably a year away," Leroy said.
Idaho News 6 will continue to follow the case and provide updates as it moves through the appeals process.
