Proponents of the asphalt plant proposed near the Enaville Resort say if you can't meet codes, the codes need to be changed.

This happened at a hearing held Tuesday by the Shoshone County Commissioners, to hear an appeal from Woods Crushing and Hauling over the denial of an asphalt batch plant near the Enaville Resort and Trail of the Coeur d'Alenes.

As no final decision was to be made from the appeal hearing, public commentary was prohibited.

Martin Taylor, speaking on behalf of Woods, said the batch plant proposition meets the requirements for construction and therefore the company should be allowed to build.

"I would offer that if an applicant cannot build a project that complies with Shoshone County code, then change the code," Taylor said.

Taylor said if an applicant is barred from building, even after meeting all requirements, then the commissioners should change the code so as not to waste anyone's time in applying.

Rex Finney, an attorney acting on behalf of Woods, said information was introduced to the commissioners, in the original hearings of May 14 and June 11, which was acquired in a way unbefitting the forum of the hearings. He said there was a personal, private investigation performed on the proposed build site by an individual who did not have the proper expertise to make any legitimate judgment of the site's contents.

Finney said the planning department should not have conducted its own independent investigation on matters outside the record presented at the hearings.

Throughout the meeting, it was clear that certain attendees were upset at the restriction that they could not say anything against Woods. Heads shook in disagreement and frustration could easily be noticed.

Brian Wood, owner of Woods Crushing and Hauling, said he feels the proposal to build meets all requirements and should not be denied.

"We are not new to this valley," Wood said. "We have worked here for the last 12 years. We paved the Rails to Trails project from Mullan to Harrison, so I am familiar with working in the valley."

After the presentation, the Shoshone County commissioners voted unanimously to take the appeal under advisement to possibly reconsider their original decision on the batch plant.