Judge: Challenge can continue

SAGLE — A 2nd District Court Judge is denying a motion to dismiss a legal challenge of a conditional use permit for a controversial asphalt plant proposal.

Bonner County commissioners issued permit approval for the plant in March, against the wishes of scores of neighboring and nearby landowners who argued the plant will inundate the area with pollution, noise and traffic. The plant had been operating under temporary permits over the years.

Interstate Concrete & Asphalt’s plan involves relocating a batching plant in Sandpoint to an existing gravel pit owned by Frank Linscott on the west side of U.S. Highway 95 north of Monarch Road.

Project opponents banded together to form Citizens Against Linscott/Interstate Asphalt Plant and filed the legal challenge on April 19, although it was filed without a civil coversheet and it was rejected. Citizens attempted to resubmit the petition while preserving its April 19 filing date.

However, the petition was not entered into the Idaho’s iCourt database for reasons that remain unclear.

Bonner County sought an extension of time to prepare an administrative record of the proceedings, but discovered that no active case existed, according to court documents. The county notified Citizens of the problem and attempted to re-file the petition, but the group was informed it could not preserve the original filing date.

Counsel for Bonner County moved to dismiss the petition, arguing it was filed outside the 28-day time frame to bring such an action.

Judge Jeff Brudie heard oral arguments on the motion on June 27. The hearing was held over the phone and behind closed doors even though the case is a public proceeding.

Brudie issued a written order on Friday in which he said he was “unconvinced” the lack of coversheet was a legitimate reason for rejecting the initial filing. He noted that Citizens resubmitted the petition and for unknown reasons it was never received and filed electronically.

“The petitioners made multiple attempts to timely file but were prevented by circumstances outside of their control. Therefore, in the interest of justice Bonner County’s motion is denied as to this claim,” Brudie said in the five-page order.

The court also turned back the county’s claim that the service of the filing did not conform with Idaho Rules of Civil Procedure

“While Bonner County asserts that the attempted service by petitioners was insufficient, this court does not find any of the alleged defects in the service in this matter to be a reasonable basis for granting Bonner County’s motion. These defects are easily curable and Bonner County has not demonstrated any prejudice due to the deficiencies they have alleged,” Brudie wrote.

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