The legal battle over downtown Boise’s vacant Union Block building has moved to the federal appeals court, with a legal expert suggesting the dispute could take another year to resolve. The building, located in the heart of Boise’s downtown core, has sat empty for more than two years following the city’s November 2023 condemnation order—leaving pedestrian areas, parking spaces, and alleyways around the structure blocked off and inaccessible to the public.
Owner Kenneth Howell and Union Block Associates filed an opening brief with the 9th U.S. Circuit Court of Appeals after a federal district court ruled in favor of the city on federal claims earlier this year. The owners are asking the appellate court to reverse the district court’s decision and allow the case to proceed to trial, arguing the city violated their due process rights when it ordered tenants to vacate the building.
Background on the Dispute
The Union Block saga began when Boise city officials moved to condemn the downtown property, triggering a legal fight between the property owners and municipal government. The district court initially granted summary judgment to the city on the federal constitutional claims, effectively dismissing those arguments without sending the case to trial. The court also declined to exercise supplemental jurisdiction over state-law claims related to the condemnation.
That decision prompted Howell and Union Block Associates to appeal, hoping the 9th Circuit would take a different view of whether the city’s actions violated their rights. The move to federal appellate court represents a significant next step in a dispute that has dragged on for nearly three years.
Timeline and Legal Uncertainty
Dave Leroy, a legal expert familiar with the case, told media outlets that the appeals process itself faces no immediate resolution. “The bad news is that the uncertainty of the legal outcome appears to be precluded for immediate decision,” Leroy told the KIVI 6 On Your Side, adding that “a Union Block resolution, even at the appellate court level, is probably a year away.” The assessment reflects the typical pace of federal appellate review, which often involves detailed written briefs, possible oral arguments, and extended deliberation before a ruling.
During this extended legal process, the Union Block building remains shuttered and the surrounding downtown areas continue to experience disruption. The blocked-off pedestrian access near 8th Street, parking restrictions, and alley closures have affected foot traffic and accessibility in an important commercial district.
Impact on Downtown Boise
The prolonged vacancy and legal uncertainty have raised questions about the future of the property and downtown revitalization efforts. While the city has taken steps to address what officials deemed a public nuisance, the extended timeline has left the building in limbo and the surrounding streetscape compromised. Similar downtown development disputes have tested Boise’s ability to balance property rights with municipal authority—a tension that continues to play out in this case.
The outcome of the 9th Circuit appeal could have broader implications for how Boise handles future building condemnations and how the city addresses properties it deems unsafe or problematic. If the appellate court reverses the district court, the case would return for trial, potentially adding more months or years to the dispute. If the appeals court upholds the lower court’s decision, it would likely bring the federal portion of the litigation to an end, though state-law claims could still proceed separately.
What Comes Next
The 9th U.S. Circuit Court of Appeals will review the briefs filed by both the property owners and the city before deciding whether to schedule oral arguments. Once arguments are heard—if the court opts to hear them—judges will take additional time to deliberate and issue a written opinion. Based on typical appellate timelines, a decision could arrive sometime in late 2027 or early 2028, though the exact date remains uncertain.
Boise residents and downtown business operators watching the Union Block situation unfold can expect the legal proceedings to dominate the property’s fate for months to come. Those interested in tracking the case or understanding the city’s condemnation authority may want to monitor local news coverage and official city communications as the appeals process advances. The resolution of Union Block could also influence how Boise approaches similar downtown property disputes in the future, making it a case worth following for Ada County development policy observers.
Similar complex development reviews have challenged Boise’s approval process, and major construction projects like the Costco expansion near Meridian show how long-term planning and regulatory decisions shape the Treasure Valley’s built environment.