Friday, December 19, 2008

Camas commissioner disputes judge's authority

Backstrom claims district court lacks jurisdiction in zoning lawsuit


By TERRY SMITH
Express Staff Writer

Fairfield developer George Martin claims that Camas County officials are trying to prolong litigation in a planning and zoning dispute in an attempt to bankrupt him. Photo by Mountain Express

The chairman of the Camas County Commission alleged Wednesday that 5th District Court Judge Robert J. Elgee did not have the legal authority to rule earlier this month on a long-standing planning and zoning dispute between the county and developer George Martin.

"That decision was not Judge Elgee's to make," said Commission Chairman Ken Backstrom, who claimed that jurisdiction of the case has been transferred from state court to federal court.

"I don't understand how he could make a ruling on that when it's been removed from his court," Backstrom said.

Elgee apparently thought otherwise. He issued a ruling in favor of Martin on Dec. 3 even though Camas County officials filed on Nov. 5 to move the case to U.S. District Court in Boise.

Elgee's ruling struck down previously approved Camas County planning and zoning ordinances and effectively nullified rezoning of some 20,000 acres in various rural areas of the county. The judge did not address allegations of civil rights violations in Martin's lawsuit, which are the basis of the claim by Camas County officials that the case belongs in federal court.

Ketchum attorney Christopher Simms, who is representing Martin, explained that Camas County officials are attempting to have the entire lawsuit heard in federal court when only the civil rights issues belong there.

"I think it's curious that Ken Backstrom is giving you legal advice," Simms said. "The judge ruled the way he did, and I think that's a reflection of the ongoing abuse of due process in Camas County."

Federal court personnel in Boise confirmed that the lawsuit has been filed and accepted in federal court but were not certain which parts of it would be heard at the federal level.

Camas County officials are represented by the Boise law firm of Moore, Smith, Buxton and Turcke, which did not return a telephone call from the Idaho Mountain Express by press time.

Martin described Backstrom's comments as "ultimate denial."

"I think he really is confused because they don't have a good legal firm representing them," Martin said. "They'd like to get this away from Judge Elgee because he's ruled in my favor in every count."

Martin, the owner of Martin Custom Homes in Fairfield, filed his lawsuit in May 2007. He alleged that Camas County officials failed to properly document decisions regarding planning and zoning and failed to meet legal requirements for public hearings. He further alleged that some county officials "acted with a conflict of interest" in rezoning properties.

A trial was held before Elgee in 5th District Court in Camas County in August.

Martin contended that county officials are trying to prolong the lawsuit in an attempt to "bankrupt" him.

"They've hoped for some time that they would run me out of money and I'd have to quit," he said.

Regardless of Elgee's ruling, Backstrom said he still considers the county's planning and zoning ordinances to be valid. He declined to say what steps county officials might now take.

"I'm not going to discuss what we're going to do next," Backstrom said. "That's kind of between us and our legal counsel."




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