The Annexation of Avimor

Avimor is a planned unit subdivision of residential and commercial structures that spans over twenty thousand acres in the northern foothills of Ada, Boise and Gem counties in Idaho. Ada County approved the development within their county boundaries in 2007, permitting approximately seven hundred structures to be built. A few years later, the developers of Avimor began courting nearby cities like Boise and Eagle with the idea of annexation. Boise declined, but as recently as 2019, Eagle had numerous meetings with Avimor’s developer. When it was apparent that Eagle would hold them to the standards of their building code and comprehensive plan, Avimor withdrew their annexation application, stating that they’d wait for a new Eagle administration before trying again. They, along with various associates, proceeded to donate huge sums of money to the campaigns of new candidates running for positions of Mayor and Eagle City Council in 2019 and 2021.

In 2021, a group called SOS Eagle was formed. It is a non-partisan, non-profit organization of volunteers who are dedicated to protecting the quality of life for Eagle area residents. They tasked themselves with the challenge of informing citizens of important decisions that affect the community. This came about because they were concerned that elected officials and outside interests might be making rushed political decisions without appropriate community input or sufficient financial and environmental impact analyses. At the time, the potential annexation of Avimor was their primary concern.

In 2022, Avimor submitted a new application to the City of Eagle. The proposed project would take at least thirty-seven years to complete on approximately seventeen thousand acres of land. In 2023, Eagle began conducting public hearings related to Avimor’s annexation request. The City Council ignored public testimony and survey responses that overwhelmingly opposed the annexation. They ignored recommendations of entities like Eagle’s Planning & Zoning Commission and community partner COMPASS. They overlooked financial studies that showed annexation would not be an overall benefit to the city or its residents. In May 2023, the Eagle City Council approved Avimor’s annexation request and the 7,700 new homes that they plan to build.

SOS Eagle filed a Request for Reconsideration with the City of Eagle. Their attorney questioned the validity of Avimor’s “A” category annexation request, since roughly two hundred residents were excluded from their request. This created a donut hole that could be annexed by Eagle at a later date. Based on financial studies that did not address the current economic environment, SOS questioned if the annexation was reasonably necessary for the betterment of Eagle. Where Avimor meets Eagle’s eastern boundary, there are no structures or roads; just miles of open space, and nothing is planned there in the near future. SOS Eagle questioned if the annexation wasn’t also a leap-frog attempt based on the miles of open terrain between the city and the Avimor development. The only thing connecting the two entities is a state highway. The Eagle City Council didn’t discuss these points; they simply denied the request on June 8, 2023.

SOS Eagle expects to submit a Petition for a Judicial Review, though its outcome is highly uncertain. There has never been an annexation of this magnitude in the history of Idaho, and there is little case law to reference. The petition will be structured so that the judge can focus solely on the intent of existing annexation law in order to render a decision.

If nothing else, the Judicial Review may pave the way for future groups of citizens who find themselves in a similar situation. Most everyone will admit that growth is inevitable, but that it can be done responsibly. Elected officials need to represent their communities, not developers or other outside interests. At election time, look hard at your candidates. Learn who is supporting them financially. Investigate their prior histories and qualifications for the position they seek. Above all, fact check their statements. Do everything you can to protect your home, your community and your quality of life.