Suit seeks to void smelter land sale

SANDPOINT — Foes of the proposed silicon smelter south of Newport are suing the Pend Oreille Public Utility District and Pend Oreille County to nullify a land sale to accommodate the facility.

Citizens Against the Newport Silicon Smelter and Responsible Growth*Northeast Washington announced on Thursday that the suit was filed in Spokane County Superior Court. The action seeks a judicial declaration that the land sale was illegal and a writ of prohibition barring the sale, according to the civil complaint. In addition to the two citizen groups, a half-dozen Pend Oreille County landowners and PUD customers are listed as plaintiffs in the litigation.

The suit alleges that the county sold property to the Pend Oreille PUD in 2017 so it could then be sold to smelter developer Hi-Test Sands, which has since re-branded itself PacWest Silicon.

However, counsel for CANSS and RG*NEW argue the sale was unlawful because the PUD lacked the authority to purchase land for non-PUD purposes.

Several parcels grouped together for the sale were originally purchased by the PUD in 1996 for the construction of gas turbine power works, although that plan was subsequently abandoned and the property was managed for timber, the suit said. The property was declared surplus in 2016 and HiTest provided a down payment for the collection of parcels, one of which was still owned by the county. That parcel was later sold the PUD and wrapped into the property sale to HiTest without it being declared surplus, the suit alleges.

CANSS and RG*NEW contend the PUD could have declared the land transactions void, but instead hired an attorney by adopting a resolution which sought to cover its tracks.

The groups further contend that a vote by district patrons was also bypassed when the land transactions were done.

“It is a sad day when constituents of a local PUD have to take their district into litigation in order to have a voice in a public land transaction where their rights to vote were clearly violated,” said CANNS board Chairwoman Deborah Barker.

Barker added that the county sold property to the PUD with the sole intent of selling it to HiTest so it could develop the smelter facility, which is endorsed by Washington’s governor, a state senator and local officials.

“But when those ‘back-room’ deals — ones that were kept on the ‘down-low’ were revealed — citizens became outraged and rallied to fight for their rights, fight for their community and fight for their lives,” Barker added.

The Pend Oreille PUD has declined to comment on CANSS’ claims regarding the land transactions.

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