High Court Sides With Neighboring Property Owners in Land Division Dispute
The Idaho Supreme Court has ruled that minor land divisions must comply with the state’s Local Land Use Planning Act, rejecting arguments that allowed a Bonner County developer to sidestep standard subdivision requirements through a series of smaller parcels near Coolin.
On July 8, the court sided with neighboring property owners challenging two contiguous minor land divisions (MLDs) approved by the Bonner County Board of Commissioners. The decision marks a significant clarification on how counties must handle applications designed to circumvent subdivision oversight.
The case centered on Tricore Investment, LLC, which purchased three parcels along Priest Lake in 2021 and subsequently divided them into 35 individual lots using 54 quitclaim deeds transferred “to and from itself.” Rather than filing a formal subdivision application—which would have triggered Bonner County Planning and Zoning review—Tricore filed two separate minor land division applications. Each MLD approval created four lots, with the combined effect of the two applications mirroring a full subdivision.
Bonner County’s code defined minor land divisions as the division of land into four or fewer lots or parcels. The Board of Commissioners approved both MLD applications without requiring the reasoned statement, findings of fact, and conclusions of law typically demanded in subdivision cases.
District Court Initially Sided With Neighbors; Appeals Court Reversed
Local property owners appealed both approvals to district court, which vacated the MLDs and remanded the matter to the commissioners. The district court found that the county had failed to provide the necessary detailed findings and conclusions.
Both Tricore and Bonner County appealed the district court’s decision. The Court of Appeals reversed the lower court ruling, prompting Coolin residents to petition the state’s highest court for review.
The Idaho Supreme Court found that minor land divisions fall under “such other similar applications” covered by Idaho Code 67-6521, placing them squarely within the jurisdiction of the Local Land Use Planning Act. The justices also ruled that when contiguous divisions are submitted simultaneously, they must be evaluated as a single proposal rather than separate applications.
“The practical effect of these applications mirrors a full subdivision,” the court determined, requiring counties to apply the same standards and procedural safeguards used for traditional subdivisions.
County Legal Counsel Had Flagged Concern Years Earlier
The issue had drawn attention within county government well before the supreme court ruling. In October 2022, during a public meeting, Bonner County legal counsel Bill Wilson noted concerns about the developer’s approach. “One of those people says it looks as though this developer was trying to avoid the subdivision requirements,” Wilson said at the time. “It doesn’t just look like it, they 100% were.”
Recognizing the vulnerability in its code, Bonner County enacted legislation forbidding contiguous minor land divisions before overhauling the process entirely in 2025. The county replaced the MLD system with “short” and “long” subdivision categories, establishing a more structured framework for land division applications.
The Idaho Supreme Court’s decision remands the matter to the lower courts for further proceedings, though Bonner County’s revised code suggests the county has already moved to address the loophole that allowed Tricore’s approach.
The ruling carries implications for other Idaho counties that may have approved similar stacked minor land divisions. Developers seeking to divide land must now contend with heightened scrutiny of applications designed to circumvent subdivision review, and counties face clearer guidance that the substance of a proposal—not merely its formal labeling—governs which land use laws apply.
For Bonner County, the decision validates concerns raised by local property owners and affirms the county’s decision to replace its minor land division process with a more comprehensive subdivision framework.
What Comes Next
The case now returns to district court for proceedings consistent with the Idaho Supreme Court’s interpretation of state land use law. Bonner County’s new short and long subdivision process is already in effect, making future applications subject to the heightened procedural and substantive standards the court has now mandated.