State appeals
Ohio Gulch court
decision
By GREG
MOORE
Express Staff Writer
A 5th
District Court decision upholding Blaine County’s prohibition of
gravel mining in Ohio Gulch will go to the Idaho Supreme Court.
The Idaho
Attorney General’s Office filed a notice of appeal July 3 in 5th
District Court of Judge James May’s ruling granting a motion for
summary judgment in favor of the county.
The issue
arose two years ago when the county denied a conditional-use permit to
McStay Construction to mine gravel on a 20-acre parcel of state school
endowment land, zoned Agricultural and Residential. The state filed
suit, arguing that its constitutional mandate to manage school endowment
land for the maximum financial return trumped the county’s zoning
authority.
May ruled
that the state land is subject to local zoning ordinances. He noted that
the Legislature had exempted only two state entities from the Local Land
Use Planning Act, and the Land Board was not one of them. The Land Board
is composed of the state’s five highest ranking elected officials.
The case
will likely not be heard by the Supreme Court for at least several
months. Under state court rules, the 5th District Court has
105 days to deliver a record of the case to the Supreme Court. The court
will review the entire file and determine whether it agrees with May’s
reasoning.
In an
interview, Gov. Dirk Kempthorne’s press secretary, Mark Snider, said
he saw no contradiction between the state’s actions on the Ohio Gulch
case and the administration’s often-expressed support for local
decision making. He said the Land Board had decided the issue should be
resolved by the Supreme Court, and would like to avoid a precedent being
set that could impede the state’s management of its lands.
At least
one county official, however, saw differently.
"Consistency
is not the strong point of the state administration on these kinds of
issues," said County Commissioner Sarah Michael.