The Dalton Gardens City Council recently approved the execution of an approach permit for Erickson Drive, an unpaved road that forks off of Hanley Avenue and leads onto Canfield Mountain, an unincorporated area of Kootenai County.

Though the county subsequently approved the certificate of occupancy for the private residence on Erickson Drive, the county’s permitting system showed Dalton Gardens as the approving party — garnering frustration from city leaders.  

“The City of Dalton Gardens did not approve the certificate of occupancy,” Mayor Curt Jernigan wrote in a public notice shared Tuesday. “The individual listed on the County’s website as providing such approval on behalf of the City is not known to City staff.” 

The individual listed as having authorized the approval, Chris Garland, has been confirmed to be a chief building official with the county.  

David Callahan, the county’s director of community development, also confirmed the certificate of occupancy was approved shortly after the council’s decision Aug. 27, and was not done preemptively.  

The discrepancy can be attributed to a system error, Callahan said. 

Erickson Drive — and the private property around it — has long been the subject of debate between Dalton Gardens and the county, as many residents have argued that development outside of city limits impacts infrastructure within the city.  

Despite resident pushback, the approach permit was first approved with conditions in December.

“The current council supports the (city) code, and ultimately the codes need to be upheld equally and for everybody,” said councilor Tyler Drechsel.  

Callahan also said that the access easement to the residential home on Erickson Drive has been in place at the county level for over 20 years.  

“Even if (we) wanted to argue that something was wrong with this road, we’re about 18 years too late,” he said. 

Callahan also cited the "Doctrine of Laches," which bars a plaintiff from pursuing a claim that has been delayed for an extended period. 

Now that both the approach permit and the certificate of occupancy have been approved, both parties will work to construct the approach from Erickson Drive to Hanley Avenue.  

No further action will be taken on the matter so long as city codes are met, Drechsel said.