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Judge sides with county
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ST. ANTHONY - Fremont County has prevailed in an appeal of a decision to allow the Woodlands subdivision on I.P. Bills Island in Island Park.
The Bills Island Association had appealed the county commission's decision to allow the 92-acre subdivision in the center of the island.
Access to and from the island was the central issue, specifically a loop road.
District Court Judge Brent Moss issued a memorandum decision Thursday affirming the county's decision.
Oral arguments were made June 10 before Moss in 7th District Court in St. Anthony, with County Attorney Karl Lewies representing the county, Charles Homer representing the developer and Reed Larsen representing the association.
Larsen said Friday he had yet to discuss the decision with his clients.
"We respect Judge Moss, but we are disappointed in the decision. We will be considering our options, which include filing an appeal."
"It's wonderful news," Fremont County Commission Chairman Paul Romrell said concerning the judge's decision. The commission had been awaiting this ruling before proceeding with a work meeting on another appeal with a related access issue. Romrell said the decision would guide the commissioners in the other appeal.
A larger Woodlands development had been rejected once by the county. The project had been scaled back to the 42-lot proposal the commission approved June 11, 2007, on the condition the developer make the causeway - from the gate to the entrance of the subdivision in the island interior - comply with the county's road standards.
The causeway is the only access to the island in Island Park Reservoir where the subdivision is proposed. For larger subdivisions, the code requires two accesses in and out.
A provision in the county development code allows a developer of a smaller subdivision to use a loop road system rather than two accesses if it can be shown that the road would see average daily traffic of less than 1,000 vehicles.
In approving the project, the county commissioners sided with the developer's experts, who testified there were fewer than 1,000 vehicles a day on the access road. That meant the loop road could be allowed.
In his decision, Moss wrote that the commission made a reasonable interpretation of its development code in approving the loop road concept.
The judge also said the county's decision "was supported by substantial evidence on the record as a whole," a point argued by the association.
The association has the option of appealing Moss' ruling to the Idaho Supreme Court.
The Bills Island Association had appealed the county commission's decision to allow the 92-acre subdivision in the center of the island.
Access to and from the island was the central issue, specifically a loop road.
District Court Judge Brent Moss issued a memorandum decision Thursday affirming the county's decision.
Oral arguments were made June 10 before Moss in 7th District Court in St. Anthony, with County Attorney Karl Lewies representing the county, Charles Homer representing the developer and Reed Larsen representing the association.
Larsen said Friday he had yet to discuss the decision with his clients.
"We respect Judge Moss, but we are disappointed in the decision. We will be considering our options, which include filing an appeal."
"It's wonderful news," Fremont County Commission Chairman Paul Romrell said concerning the judge's decision. The commission had been awaiting this ruling before proceeding with a work meeting on another appeal with a related access issue. Romrell said the decision would guide the commissioners in the other appeal.
A larger Woodlands development had been rejected once by the county. The project had been scaled back to the 42-lot proposal the commission approved June 11, 2007, on the condition the developer make the causeway - from the gate to the entrance of the subdivision in the island interior - comply with the county's road standards.
The causeway is the only access to the island in Island Park Reservoir where the subdivision is proposed. For larger subdivisions, the code requires two accesses in and out.
A provision in the county development code allows a developer of a smaller subdivision to use a loop road system rather than two accesses if it can be shown that the road would see average daily traffic of less than 1,000 vehicles.
In approving the project, the county commissioners sided with the developer's experts, who testified there were fewer than 1,000 vehicles a day on the access road. That meant the loop road could be allowed.
In his decision, Moss wrote that the commission made a reasonable interpretation of its development code in approving the loop road concept.
The judge also said the county's decision "was supported by substantial evidence on the record as a whole," a point argued by the association.
The association has the option of appealing Moss' ruling to the Idaho Supreme Court.
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