Development ruling was likely illegal

The ruling by the county commissioners at the public hearing on Thursday, Feb. 26, 2004, on the Blue Heron Estates was improper, if not unlawful.

Here is the text from the Bonner County Title 12 Land Use Regulations, Chapter 26, Public Hearings 12-2610, Order of proceedings for public hearings. The possible delineated motions are as follows:

(1) Motions for recommendation, approval or denial as appropriate; (Ord. 268, 1-11-1995)

(2) Motions to continue the public hearing to a future certain date, pending the receipt of additional information or the modification of the proposal; (Ord. 268, 1-11-1995)

(3) Motions to reopen the public testimony portion of the public hearing, in the circumstance that new information has been introduced or become available; or (Ord. 268, 1-11-1995)

(4) Motions to close the public hearing and/or continue discussion on the proposal until a future certain date. (Ord. 268, 1-11-1995)

This text does not provide for a "remand" to the applicant, and under no circumstance is a continuation allowed without a "certain date." The commissioners ruled on Thursday to allow the applicant to "revise" his plan with an "open-ended" time-frame. This does not comply with the legal procedure. How is the public to know when the next hearing will be held?

The commissioners should reconvene as soon as possible and rule on this matter in an appropriate and legal fashion.

It should be further noted, that neither the public, the applicant nor the Bonner County Planning Department staff are allowed to converse with the county commissioners with regard to this matter during the revision of the plan by the applicant.

LAURENCE R. SIMMONS

Sagle