Friday, October 18, 2024
35.0°F

Bonner County seeks dismissal of petition

by KEITH KINNAIRD
Hagadone News Network | January 14, 2012 8:00 PM

SANDPOINT - Opponents of a housing development expansion at Priest Lake are fighting the proposed dismissal of a petition for judicial review aimed at overturning Bonner County's approval of the project.

The county's civil counsel argues the Moscow-based Mosquito Bay Fen Preservation Association failed to file its petition in a timely manner and the group lacks standing in the matter.

Bonner County commissioners approved the Sandpiper Shores expansion last September despite widespread opposition from neighboring landowners and environmental groups.

Opponents of the 14-lot subdivision at the north end of Priest Lake contend the expansion will damage the Mosquito Bay fen and chew up critical wildlife habitat.

The association asserts in its petition that project does not meet county land use design and right-of-way standards, or the county's comprehensive plan goal of protecting unique ecological areas. The group further argues that their due process rights were violated during the county's public review processes.

The county moved for automatic dismissal of the petition because it was not filed within 28 days of the county commission's decision, but the association counters that they were given inadequate notice and that the date of the board's final decision is unclear.

A telephonic hearing is set for Tuesday in 1st District Court.