Wednesday, December 22, 2004

School dispute nears resolve

Sagewillow opponents get day in court


By MEGAN THOMAS
Express Staff Writer

"It's hard for me to look at the language and to say a school or public service is excluded."

—Robert Elgee, Fifth District judge




Disputes over a new elementary school proposed by The Community School for the Sagewillow campus in Elkhorn approached resolve this week during a hearing in Fifth District Court in Hailey. On Tuesday, Dec. 21, Fifth District Judge Robert Elgee heard a lawsuit filed by a group of Elkhorn homeowners against the city of Sun Valley. At the conclusion of the hearing, Judge Elgee said he would deliver a decision at a later date.

The dispute involves a lawsuit filed by a group of Elkhorn homeowners against the city of Sun Valley. The "Petition for Review" aims to overturn the city's approval of a new elementary school proposed for the Sagewillow campus east of Elkhorn Village. The petition lists 10 points of legal contention to the Conditional Use Permit granted for the project that the P&Z approved in January 2003.

Hailey-based attorney Ned Williamson represented a group of homeowners that own property adjacent to Arrowleaf Road. The group of petitioners includes Doug and Meredith Carnahan, William and Marjorie Woodward, Steve and Nancy Wasilewski, William and Mary Jane Elmore, and Oris and Bonnie Kirk.

The suit asks the court to "set aside the decision of the Sun Valley City Council and Commission."

Williamson argued the proposed school failed to qualify for a Conditional Use Permit and that procedural errors by the Sun Valley City Council and Planning and Zoning Commission occurred during the approval process.

During the hearing, Williamson argued that The Community School fails to meet the requirements for a Conditional Use Permit at the proposed Sagewillow Campus under the zoning regulations outlined for the Outdoor Recreation District. Williamson said the proposed elementary school did not qualify for a CUP because it did not meet the definition of an education center, or the definition of a school under the public service structure and uses category. Education centers and schools are permitted CUP uses in the zone.

"By its own rules, The Community School does not provide services to the general public," Williamson stated.

Williamson argued the admission requirements and cost of tuition disqualify The Community School from providing a public service, disqualifying the proposed elementary school as a school.

"Even if you disagree with my clients' position, they believe that the use is fundamentally wrong under the zoning ordinance,"

Williamson also alleged the Sun Valley P&Z did not properly assess the mandatory standards of evaluation required by the findings of fact process.

"The findings of fact simply, at best, restate the standards," Williamson said.

Williamson also alleged the city council did not have the complete set of documents that the P&Z considered and that are on the city's record, during the council's considerations of the appeal. He further alleged there were significant gaps in the city's transcribed tapes.

Rand Peebles, Sun Valley city attorney, said he believes the proposed school meets the definition of the school set forth in the CUP. He also argued the applicant received due process in the application process and that the decision should be upheld by the court.

"The claim that this is a procedural error is itself in error," Peebles said.

Tim Stover, representing The Community School, also addressed the court.

After hearing the arguments, Judge Elgee commented, "It's hard for me to look at the language and to say a school or public service is excluded."

He concluded he would review the case and offer his decision at a later date.




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