Asphalt plant opponents challenge dismissal request
KEITH KINNAIRD | Hagadone News Network | UPDATED 6 years AGO
SAGLE — Opponents of a proposed asphalt batch plant contend a mix-up at the Bonner County Courthouse or online is to blame for a delayed filing of a petition for judicial review, according to 1st District Court records.
Counsel for Bonner County is moving to dismiss the Citizens Against the Linscott/Interstate Asphalt Plant on technical grounds, arguing that opponents of the controversial land use proposal missed a filing deadline to put the question of the legality of a conditional use permit before the court.
Attorneys for the citizen group counter that they never received notice that their petition had been rejected even though they had registered to be served with legal documents in the case.
Attorneys for plant opponents contend their petition was improperly rejected because it did not contain a cover sheet. They maintain a cover sheet was not necessary for that type of action but nevertheless re-filed the petition with a cover sheet and a request to reserve the original filing date, according to court documents.
However, that corrected filing was not entered into iCourt, the online courts database used by Bonner and other counties in Idaho.
“It is presently unknown whether the corrected filing was not submitted as a result of a glitch in the iCourt system or as a result of an inadvertent ‘mis-click’ by administrative staff,” Boise attorney Jack Relf said in the motion opposing the dismissal.
The motion is scheduled to be taken up in 1st District Court on Wednesday.
Sagle residents have resisted temporary asphalt batch plant operations over the years and scores of residents testified against the issuance of a permit in March that would bring permanency to plant operations at the Linscott pit on the west side of U.S. Highway 95 north of Monarch Road. County commissioners, however, approved the permit.
Opponents contend the surface mining operation has overstepped its bounds and an asphalt plant would blight their rural neighborhood with pollution, noise and traffic. They further argue that the industrial uses are a threat to the Sagle Aquifer.
Keith Kinnaird can be reached by email at kkinnaird@bonnercountydailybee.com and follow him on Twitter @KeithDailyBee.
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