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The Dalton story straight from a Streeter

| March 2, 2019 12:00 AM

In support of their effort to recall Dalton Gardens mayor and City Council, recall proponents have disseminated disinformation. Mark Twain is generally attributed with the statement that one should “never let the truth get in the way of a good story.” Such is the case with the bona fides of the recall effort.

In 1957, my parents, Jack and Marie Streeter, acquired 5 acres in Dalton Gardens. It was their desire that when they passed, their children would equally share in the property. Many years after my parents acquired their property, the city was in the process of adopting its first zoning ordinance. That ordinance, once adopted, might have precluded my siblings and me from dividing our parents’ property in a manner that would provide each of us with a 1-acre buildable lot. Aware of this possibility, my parents executed deeds to create five parcels, each 1 acre in size. While the deeds were executed before the effective date of the zoning ordinance, they were not recorded until shortly thereafter. All then remained well and good in the neighborhood for nearly 40 years. Ultimately, Jack, and later Marie, passed away,

After my parents passed away, we were told that we could not build on the lots based upon the city’s 1975 zoning ordinance. When we advised the city that the ordinance had been invalidly enacted, due to a failure to comply with the statutory notice procedures of Idaho law, the city listened. Ultimately, the city and the Streeter siblings reached an agreement allowing us to build upon our lots based upon this set of unique circumstances.

After we had signed the written agreement, prepared by the city, some of our neighbors went to City Hall and objected. These neighbors include the Crandalls, the Leonards, the Cooks, and the Kimballs, all of whom own property abutting our lots. In response, the city attempted to revoke its agreement with us.

We brought suit. The city invited our neighbors to participate in the defense of the suit. Our neighbors declined. The matter was then heard by Judge John Stegner, who has since been elevated to the Idaho Supreme Court. Judge Stegner was aware that our family had owned five separately divided parcels for 40 years. The separate parcels were a matter of public record, and they have been separately taxed for decades by Kootenai County. Judge Stegner suggested that the parties attempt to reach a resolution.

Heeding the court’s suggestion, we agreed to give up one lot. The city in turn agreed, given the infirmities in the adoption of its zoning ordinance, and issued “non-conforming use certificates”: to us for two of the four lots. The settlement was ultimately embodied in an order entered by the court.

Our neighbors, unhappy with the court, and having failed to timely appeal from the order or to otherwise involve themselves, turned their focus to City Hall. They first attempted to convince the mayor and the council to breach the terms of the order. When unsuccessful, they filed a new lawsuit against the city and us, and then initiated the recall effort for good measure.

The recall proponents, much like Chicken Little, declare that the sky is falling in Dalton because my siblings and I might build on lots that our parents created 40 years ago. What the proponents do not note is that four of them live next door to our lots, and for many years, have personally enjoyed the benefits of keeping our property vacant. If we can’t build on our property, then certain recall proponents will continue to reap those benefits, at no cost.

Ironically, the Crandalls purchased their property in 1994, nearly 20 years after my parents divided their property. The Kimballs and the Leonards acquired their properties later. In fact, Mr. Kimball previously stated that he didn’t want to see a house next door to him, and he unsuccessfully tried to buy a part of our property from us. When it became apparent to many that our “issue” did not really open a door to the urbanization of Dalton Gardens, the recall proponents re-cast their agenda so as to sound an alarm of mandatory sewer requirements and traffic issues. Yet these “concerns” have no more merit or weight than did the proponents’ concerns with our lots.

Mayor Roberge and the City Council members have been unfairly and unjustly maligned. They have done nothing to impair the fabric of Dalton Gardens or what makes it one of Kootenai County’s unique communities. To the contrary, they have done the right thing, and isn’t that what municipal government should be about anyway?

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Jerry Streeter is a Dalton Gardens resident.