County seeks petition's dismissal

SAGLE — Counsel for Bonner County is moving to dismiss a petition for judicial review which aims to unwind approval of a controversial asphalt plant relocation project.

Bonner County Deputy Prosecutor William Wilson argues in court documents that the Citizens Against the Linscott/Interstate Concrete & Asphalt petition must be dismissed because it was filed after a deadline to bring such an action had lapsed, according to 1st District Court records.

A hearing on the county’s motion is set for June 19.

Bonner County commissioners approved of Interstate’s plan in March to relocate its Sandpoint plant to Frank Linscott’s existing gravel pit on the west side of U.S. Highway 95 north of Monarch Road. The Sagle site had been used for temporary batching operations over the years.

But the pit and plant have run into a landslide of opposition from neighboring and area landowners who contend the operations are casting a pall over their rural neighborhoods with dust, noise, traffic and pollution. Opponents further allege that the projects pose a threat to the Sagle aquifer, while the surface mine has expanded beyond its Idaho Department of Lands permit and onto adjacent private property.

Foes of the pit filed the review petition in April but Wilson contends it was improperly served electronically. The petition was refiled on May 1, although Wilson maintains the county was improperly served again. Moreover, Wilson argues in the motion to dismiss that the second petition was filed 37 days after the board made its decision on the plant relocation proposal, which surpassed a 28-day time frame in which to seek judicial review.

“This delay created a fatal defect which cannot be cured,” Wilson said in the motion.

Wilson further argues that Linscott and Interstate, obvious parties to the court action, were also never served with the petition.

Project opponents, meanwhile, remain resolute.

The group released an open letter to county officials, Linscott and Interstate highlighting the alleged illegalities involving the pit and reminding them their campaign to stop the project is far from over.

“We will commit whatever time, resources, blood, sweat and tears necessary. Whatever it takes. However long it takes,” the letter said.

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