OPEN MEETINGS: RFD Board’s proper meeting remedied any violation at prior meeting when it hired board member as interim chief, incompatible offices not raised until after interim position eliminated, no indication that Board would again hire an employee in violation of incompatible offices… Board responded to [Read more…]
Zoning, ag/forest protest constitutionality
ZONING: Ag/forest protest provision unconstitutional delegation of legislative power to individuals to halt zoning changes… failure to name protestors cured by allowing early intervention… Townsend affirmed. [Read more…]
Clerk & Recorder, mandamus to record deed
CLERK & RECORDER properly mandated to record deed in 2002 (prior to amendment of law) to allow sale of mortgage security tract without court order, County not prejudiced by writ 2 days before closing without opportunity to respond… $32,884 fees properly awarded as prevailing party in [Read more…]
Subdivision, “extraneous evidence,” mitigation
SUBDIVISION: Summary judgment properly granted upholding denial of subdivision based in part on wildlife, information from prior hearings properly considered by Board, “extraneous evidence” properly denied, no duty to defer to proposed mitigation when application denied outright [Read more…]
Subdivision/zoning/PUD
SUBDIVISION/ZONING/PUD claims properly resolved in summary judgments… Larson affirmed. [Read more…]
Old county road, public access to State land
OLD COUNTY ROAD: Public access established to corner of State land via right-of-way to overgrown but not abandoned road… Deschamps affirmed. [Read more…]
Summary judgment, “exceptional circumstances
SUMMARY JUDGMENT: “Exceptional circumstances” justified summary denial of subdivision application without hearing… proper summary judgment standard applied… additional time for discovery properly denied… challenged affidavit with [Read more…]