SAGLE — Bonner County is seeking the automatic dismissal of a legal query into the county commission’s denial of a  proposal to make a temporary asphalt batch plant a permanent fixture.

Deputy Prosecutor Valerie Fenton argues that Frank Linscott and Interstate Concrete & Asphalt’s petition for judicial review cannot be taken up in 1st District Court because they didn’t timely seek an administrative appeal remedy and didn’t identify specific deficiencies in the county commission’s decision.

“A timely and specific request for reconsideration must occur before an appellant may seek relief in the district court,” Fenton said in a motion filed on Wednesday.

The Bonner County Planning & Zoning Commission recommended approval of a zone change and comprehensive land use plan amendment to bring permanence to the batch plant, which had operated for years under a series of temporary permits.

But the county commission voted 2-1 to deny the proposal in February. Commissioners Cary Kelly and Todd Sudick held that the project fell short of comp plan goals and objectives. Commission Glen Bailey voted in favor of the project.

The plant, located at a grandfathered surface mine on the west side of U.S. Highway 95 north of Gun Club Road, has been a source of heartburn in the rural neighborhood for years.

Plant opponents contend a permanent plant would cast a pall over their property values. They also testified to their weariness of noise, dust, glare and fumes generated by industrial activities at the site.

Interstate said it will use a high-efficiency, low-emission plant and told county officials it has a solid track record of operating plants in close proximity to housing without being a disruption.

The petitioners’ counsel, Sandpoint attorney Stephen Snedden, asked the county commission to reconsider its denial on March 18, according to court documents. The request fell outside the 14-day time period allotted to seek reconsideration, Fenton said in court documents.