Point #12
True’s advice or failure to advise the BOCC regarding the Attorney House/Office has resulted in litigation filed by the City of Weiser against Washington County.
Summary:
Following the appointment of the Prosecuting Attorney, who was not previously based in Washington County, the County determined a need to provide office space. In approximately July 2024, the County purchased a property located at 343 East Main Street in Weiser, situated within a Residential “A” zoning district.
To convert the property for governmental office use, a remodel and Special Use Permit (SUP) from the City of Weiser were required. The City denied the permit, citing the proposed nonresidential use and insufficient supporting documentation. Despite this denial, the County proceeded with the remodel and began using the building in January 2025.
After efforts by City officials, including an April 21, 2025 meeting involving the Mayor and Commissioners, did not resolve the issue, the City filed legal action seeking to enjoin continued use of the property without proper authorization.
A Settlement Agreement was reached on December 22, 2025. The agreement included issuance of a Conditional Use Permit (CUP) and limitations on the building’s use to governmental public service legal counsel only, excluding private practice. Both parties agreed to comply with the terms, and each party assumed responsibility for its own legal costs.
Although it has been stated that the County did not incur direct legal expenses, the matter required time and involvement from County officials and staff. As with any public operation, staff time represents taxpayer-funded resources, and the cumulative effort associated with this issue may have diverted attention from other County responsibilities.
This situation has raised concerns regarding decision-making, intergovernmental coordination, and the efficient use of County resources. Questions have also been raised about whether earlier resolution may have avoided litigation and reduced overall impact to the County and its relationship with the City.
Under Idaho Code 31-813, the BOCC is responsible for directing and controlling the prosecution and defense of civil actions involving the County. Available records do not clearly reflect the extent of formal BOCC direction or documented legal guidance in this matter.
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