Lingaw v. Lumpkin, No. 47098 (Idaho 2020)
Nature of Case: Appellant was required to register as a sex offender and was subject to Idaho’s statutes relating to residential restrictions. Appellant purchased real property and, thereafter, brought a declaratory judgment action to resolve questions about whether he could reside in the property given its proximity to a gymnasium that was used by the school district for after-school activities. Appellant conceded at trial that the gymnasium was within 500 feet of his property, but argued that the building was not a “school” as defined by state law. The lower court disagreed and found that the building was a school, and Appellant sought review.
Holding: The Idaho Supreme Court affirmed the lower court’s opinion, holding amongst other things that the gymnasium used by the school district qualified as a “school” for the purposes of the state’s residency restriction statute.