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Parties join lawsuit over asphalt plant

KEITH KINNAIRD | Hagadone News Network | UPDATED 5 years, 9 months AGO
by KEITH KINNAIRD
News Editor | August 30, 2019 1:00 AM

SAGLE — Two new parties have been added to the ongoing litigation over a contested asphalt plant relocation proposal, 1st District Court records show.

Frank and Carol Linscott, the owners of the gravel pit where the plant would be located, have moved to intervene in the lawsuit, as has Interstate Concrete & Asphalt Co., which would operate the plant.

Second District Judge Jeff Brudie admitted the Linscotts and Interstate after hearing oral arguments on Aug. 15, court records indicate. Both parties contend their rights and protected property interests could be directly and materially affected by the outcome of the petition for judicial review brought by Citizens Against Linscott/Interstate Asphalt Plant, a group of Sagle residents who seek to overturn Bonner County’s issuance of a conditional use permit allowing Interstate to relocate its plant from Sandpoint to the pit in Sagle.

Counsel for Citizens said the group did not have any fundamental objections, but asked the court require the respondents to coordinate their legal briefs to avoid duplicative or repetitive filings, according to court records.

“This is not a case with a complex web of varying interests. Instead, the interests at play are binary, with the petitioners seeking reversal of the underlying agency action and the county, Interstate and the Linscots all seeking the opposite,” Citizen attorney Jack Relf said in a response to the motions to intervene.

A scheduling conference in the litigation is set for Oct. 11.

Bonner County commissioners granted the permit and turned down an administrative appeal of that decision earlier this year. The relocation proposal has been met with fierce opposition from Sagle landowners who contend the project would foul air and water quality, in addition to diminishing property values and increasing dust, noise and traffic.

Proponents of the plant maintain those concerns are overblown and point out that the existing plant has operated in Sandpoint for years without drawing violations from environmental regulators.

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

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