Kuna council approves settling the record in judicial review of data-center rezoning

City Attorney Mark Bybee briefed the Kuna City Council on a petition for judicial review challenging the city's decision on a rezone application anticipated for data-center use (applicants Diode and Yamamoto). Bybee explained Idaho Rule of Civil Procedure 84 requires agencies to "settle the record" after a petition for judicial review is filed, which involves lodging transcripts and documents so parties can object before the record is finalized.

Bybee said the clerk's office and staff identified errors in the prepared transcripts and located documents that did not make it into the original lodged record, including letters handed up during a hearing, a missing final signature page, and a closure report used to confirm a parcel legal description. Bybee told council the settled record — not the lodged record — is what will go to the court; he recommended correcting transcription errors and adding the located documents to the settled record. "The settled record is the one that will actually go to the court," Bybee said.

The council asked clarifying questions about Exhibit C and why some materials were not in the packet; staff said some documents had been prepared earlier and may have been submitted through the economic development office rather than the planning channel. Council moved to approve the written decision as presented by staff in case number CV01-25-15843; the motion was seconded and carried.

The decision directs staff to amend the settled record to reflect corrected transcripts and include the missing attachments identified during the city's review process. No substantive change to the original land-use decision was announced during the council action recorded in the meeting minutes.