Separately, the Council’s denial of Permit Application 831 is not subject to judicial review under Stanley Municipal Code section 15.04.040.C because a municipal ordinance cannot create a right to judicial review. See Black Labrador Investing, LLC v. Kuna City Council, 147 Idaho 92, 97-98, 205 P.3d 1228, 1233-34 (2009). B. Neither party is awarded attorney’s fees on appeal. The City requests attorney’s fees on appeal according to Idaho Code section 12-117(1). Idaho Code section 12-117 provides, in pertinent part, as follows: Unless otherwise provided by statute, in any proceeding involving as adverse parties a state agency or a political subdivision and a person, the state agency, political subdivision or the court hearing Cnty. Comm’rs, 147 Idaho 660, 214 P.3d 646 (2009) (<HOLDING>). Each of these decisions was issued prior to
holding that where a zoning board had no authority under state law to take certain actions with respect to a protected property interest a trier of fact could conclude that there was no rational basis for the towns zoning boards actions and that as a result the zoning board violated appellants rights to substantive due process holding that reliance on comprehensive plan as basis for denying conditionaluse permit was improper where zoning ordinance did not list compliance with comprehensive plan as basis for denial holding that a zoning commission was capable of being sued directly under section 1983 because zjoning commissions function legislatively when adopting zoning regulations and holding public hearings for the adjudication of individual petitions for zoning redress holding that the llupa does not provide for judicial review of requests to change zoning or comprehensive zoning plans holding that in the limited circumstances when local zoning authorities actions prohibit personal wireless service the act preempts local zoning law