Fifth District Judge Robert Elgee sunk another nail into the coffin of a controversial Camas County rezone plan last week when he ruled that members of the county's Planning and Zoning Commission and County Commission had inherent conflicts of interest and should not have participated in the proceedings.
The Camas County Commission adopted the sweeping and controversial changes, many that included up-zoning in rural parts of the county, in March 2007. Both P&Z Chair Ed Smith and County Commission Chair Ken Backstrom allegedly purchased or owned property in the rezoned areas, and both participated in the decision-making process and voted to allow higher densities and/or more economically advantageous use on their own properties.
Elgee, who called their actions "egregious," said they should not have voted or participated in the matter.
"It is undisputed that both Smith's and Backstrom's property were directly affected by the zoning changes and that they were both in a position to possibly influence or perhaps direct changes to zoning: At a minimum both participated in the decision to make such changes," Elgee wrote in his April 2 decision.
The ruling came in the form of a preliminary injunction, which prohibits the county from processing land-use applications under the new zoning. It was the second preliminary injunction issued in the case in five months.
The rezone also came into question in late December when Elgee ruled that the county had not kept meeting records as required by law.
Both injunctions came at the request of Ketchum attorney Christopher Simms, who is representing Camas County landowner George Martin and Martin Custom Homes in a lawsuit against the county.
"My client is abundantly satisfied that the court is seeing things as he has with regard to the misconduct of these public officials," Simms said.
Elgee said the court's action must be firm.
"As it is, it would appear to be irreparable harm to all the citizens of Camas County if the court were to allow Camas County to proceed with zoning changes based on a void or illegal ordinance," the judge wrote. "As with the prior order granting a preliminary injunction, the evidence supporting it comes from the county's own agents or employees, and is unlikely to change at trial."
Trial for Martin's suit is set for May 20, and Elgee indicated that it will not be continued "under any circumstances, as these matters need to be finalized and have the utmost priority."
Camas County, at the direction of the Board of Commissioners, began the process leading to the massive rezone of Camas County in late 2006.
