Judge denies Mica Flats storage depot appeal

COEUR d'ALENE - The answer is still no. A First District judge has denied a Coeur d'Alene businessman's appeal against Kootenai County's decision on his proposed storage depot in Mica Flats, which has had a long saga of opposition from locals and litigation against the county.

COEUR d'ALENE - The answer is still no.

A First District judge has denied a Coeur d'Alene businessman's appeal against Kootenai County's decision on his proposed storage depot in Mica Flats, which has had a long saga of opposition from locals and litigation against the county.

Judge John Mitchell gave several reasons for turning down Haitham Joudeh's request for judicial review of the county commissioners' denial last September of a 141-unit storage depot on 10 acres.

"Joudeh's argument seems to be that since the hearing examiner (Rebecca) Zanetti recommended approval to the board, the board should have approved the application," Mitchell wrote in his order of decision, filed this week. "That argument would divest the board of its discretion and render it a rubber stamp."

Joudeh, owner of Jordan International Trade and Contracting in Coeur d'Alene, had also contended that the commissioners were unjustified in denying the Storage Depot at Mica Flats because it didn't fit into the rural neighborhood.

But Mitchell supported the officials' deliberations.

"This court struggles to understand why Joudeh would make that argument, because the board is required to take the impact on neighboring property into account, the board is required to determine whether the conditional use will adversely impact the public interest," Mitchell wrote.

The judge further pointed out the uselessness of remanding the case now, as the court had already remanded it last summer, on account of a lawsuit Joudeh filed alleging the commissioners' denial was based on racism and conspiracy.

The commissioners had still only found more evidence supporting denial of the application.

Joudeh had also requested the court review the county Building and Planning Department's denial of another application for the depot in October 2009, which Mitchell also refused.

The court didn't have jurisdiction to do so, the judge wrote, because Joudeh didn't appeal the department's decision before seeking judicial review.

Joudeh's attorney, Michael Tucker, was not available for comment.

Joudeh was denied attorney fees because the court found he had acted without a reasonable basis.