As Fifth District Judge Robert Elgee commented in a ruling, "This case has had a long and twisted procedural history."
The "case" Elgee had in mind goes back to 2007, when Camas County property owner George Martin sued the county over adoption of a comprehensive zoning plan affecting 10,000 to 20,000 acres of land for the county that negatively affected Martin's plans to rezone a parcel of property to residential.
In an initial lawsuit, Martin alleged irregularities and illegalities in the comp plan's adoption and won a temporary injunction. In due course, Elgee also ordered the county to pay Martin $72,000 in legal fees, according to an order issued Oct. 6.
Camas County is appealing that order.
Meanwhile, Martin sued again after the county adopted amended zoning ordinances. That case landed in the court of 5th District Judge John Butler, who ruled that Martin failed to show any distinct injury as the result of the county's zoning ordinances. However, Butler denied the county's claim for attorney's fees, deciding that Martin had a reasonable basis for a lawsuit.
According to documents in the U.S. District Court for Idaho, Martin then sought federal relief, claiming his civil and constitutional rights to due process had been denied in Butler's court.
Camas County officials then asked the federal court to grant them summary judgment and qualified immunity from Martin's allegations, which was granted Sept. 30 by Chief U.S. Magistrate Judge Candy Dale.
Martin is appealing that decision.
