Public shut out of asphalt plant hearing

SAGLE — A 2nd District judge has taken under advisement arguments in a motion to dismiss a legal petition challenging Bonner County’s approval of a contested asphalt plant relocation proposal.

A hearing in the case was set for Thursday in 1st District Court in Sandpoint, but the courtroom it was to be held in was empty and darkened at the appointed time.

Although it is an public court proceeding, the hearing was effectively held behind closed doors in Bonner County because Judge Jeff Brudie conducted the hearing over the phone from Nez Perce County.

Minutes from the hearing were not available on Thursday.

Bonner County Deputy Prosecutor Bill Wilson said Brudie is expected to issue a written decision on the county’s motion to dismiss. Brudie is hearing the case because a procession of 1st District judges did not want to preside over the matter, records show.

The county argues Citizens Against Linscott/Interstate Concrete & Asphalt should be dismissed because it was filed after a deadline to bring the action had passed. Counsel for the citizens group counter that the filing was not properly processed when it was first entered into iCourt, the online courts database utilized by the state.

The citizens group seeks to overturn Bonner County’s approval of a plan to relocate Interstate’s asphalt plant from Sandpoint to Frank Linscott’s surface mine alongside U.S. Highway 95 in Sagle in order to reduce transportation costs. Neighboring and nearby landowners contend the project will flood the area with additional noise, traffic and toxic emissions from the plant.

Opponents argue the gravel pit is trespassing on neighboring lands and is impacting the Sagle aquifer, although the Idaho Department of Lands determined neither was occurring after inspectors pored over the site.

Opponents strongly dispute IDL’s determinations, however.

Keith Kinnaird can be reached by email at kkinnaird@bonnercountydailybee.com and follow him on Twitter @KeithDailyBee.