Ruling pending in batch plant dispute
(Courtesy photo) This aerial image captured by a drone shows the Sagle gravel pit where an asphalt batch plant is being proposed.
SANDPOINT — A 2nd District Court judge heard oral arguments Friday in what is shaping up to be one of Bonner County’s most enduring and contentious land use disputes.
Attorneys staked out their various positions in a legal action aimed at undoing Bonner County’s approval of a conditional use permit allowing Interstate Concrete & Asphalt to relocate its asphalt batch plant from Sandpoint to an existing surface mine in Sagle owned and operated by Frank Linscott.
Counsel for opponents of the permit approval, Gary Allen, argued the group of landowners had standing to challenge the permit via Idaho’s Local Land Use Planning Act and can demonstrate that its members’ health and property values would be harmed if the permit were allowed to stand.
“Citizens have demonstrated of these harms,” said Allen. “The citizens have established that potential.”
Allen further argued that the county put a lampshade over the gravel pit’s status as an expanding non-conforming use and an ordinance meant to facilitate the relocation proposal was improperly adopted due to the lack of a summary.
Sandpoint attorney John Finney, who represents Linscott, said the citizens group lacked standing to bring the action due to a change in state law.
“None of the adjoining landowners have put their name on the petition (for judicial review),” Finney added.
Counsel for Interstate, meanwhile, emphasized that the company has operated in Sandpoint for years without complaints about noise or fumes. If there were problems, they would be well documented.
“We would absolutely be put on notice,” Elizabeth Tellessen said.
Tellessen added that opponents lacked standing because there was no showing of actual harm.
“To have a remedy, you must have actual harm,” she said.
Bonner County’s ordinance requires a gravel pit to be active and opponents contend the operation is technically not active because it is a non-conforming use.
Bonner County Deputy Prosecutor William Wilson countered that the pit is indeed active because it is not the subject of a land use violation.
“That’s a very key point in this case,” Wilson said.
Judge Jeff Brudie took the matter under advisement and is expected to issue a written decision in the case.
“The parties have extensively briefed the issue before me,” Brudie said.
Keith Kinnaird can be reached by email at kkinnaird@bonnercountydailybee.com and follow him on Twitter @KeithDailyBee.