Asphalt plant judicial review to see hearing

By Lyndsie Kiebert
Reader Staff

A petition for judicial review of a decision paving the way for an asphalt plant in Sagle will go before a judge Friday, Dec. 13 at the Bonner County Courthouse. 

An aerial view of the location of the proposed batch plant. The red portion indicates the area where the conditional use permit would apply. Image courtesy of the Bonner County Planning and Zoning staff report on the proposed permit.

Nonprofit group Citizens Against Linscott/Interstate Asphalt Plant is challenging a decision by the Board of Bonner County Commissioners to grant a conditional use permit to Interstate Concrete & Asphalt, which plans to operate an asphalt batch plant in a Sagle gravel pit.

The hearing comes after more than a year of decisions and appeals, spearheaded by a vocal group of neighbors who challenge the legality of an asphalt operation in the gravel pit, owned by Frank Linscott. 

Legal counsel for Citizens Against Linscott/Interstate Asphalt Plant allege in the petition for judicial review that the BOCC based its decision on an illegally adopted ordinance — which allows asphalt plants in farming and residential zones as long as the gravel pit is active — and that Linscott has not kept up with appropriate permitting for the property.

The court denied an attempt by Bonner County to dismiss the petition in May.

The Dec. 13 hearing is scheduled for 10 a.m. at the courthouse.