Suit seeks fire code adoption in county

SANDPOINT - A lawsuit filed over a contentious housing development at Morton Slough aims to force Bonner County's hand in adopting the International Fire Code.

Several opponents of the Ledges Over Pend Oreille project have filed suit to overturn the commission's approval of the 33-lot development. The suit alleges the county committed procedural errors during the public review process and the approval is contrary to local and state codes.

The suit - filed by Ken Larson, Richard Noble and Orren and Virginia Overland - asks a court to nullify the county's approval of the project and require the county to comply with the International Fire Code, which is in force in Idaho but not officially observed by the county.

The fire code has not been observed by the county since the Building & Safety Department was disbanded about a decade ago, although elements of the code have been used to inform the county's road standards.

County commissioners approved the Ledges in August, several months after the county Planning & Zoning Commission recommended denial of project.

Commissioners approved the project despite being advised by the Sagle Fire District that it intends to subject the Ledges to the fire code. The district maintains that it is empowered by state law to enforce the fire code.

Sagle Fire has objected to the hillside development's singular point of access, which could seal residents in and firefighters out in the event of a fire.

The suit alleges the project violates the fire code and accuses county officials of usurping the authority of the fire district.

It further alleges commissioners violated the state's open meeting law by improperly gathering evidence without disclosing it to each other or the public.

The suit also claims opponents were denied due process because the developer was given an unlimited amount of time to address the board while the public's testimony was limited.

Sandpoint attorney Bill Berg has moved to intervene in the suit on behalf of the Ledges' developer. Berg's motion notes that the appellants are opposed to the project and the county's participation "will not ensure zealous advocacy" of the developer's interests.

Developer Rich Curtis has maintained that his project either meets or exceeds the county's land use code requirements and objects to the project being used as a poster child for fire code adoption.