BOCC decides to rehear land vacation petition

WALLACE — The Shoshone Board of County Commissioners (BOCC) met with legal counsel Susan Weeks to request a rehearing concerning a land vacation on a portion of road in the southern portion of Shoshone County.

Representing Buell Bros., Inc., Weeks claimed that her clients weren’t afforded procedural due process as it concerns a decision by the BOCC late last year to deny the petition from Buell Bros., Inc. as it concerned vacating and abandoning a portion of Potlatch Road.

According to a new petition filed in early December 2021, Weeks claimed that Shoshone County Planning and Zoning provided the BOCC a staff report supporting the denial of the petition — this same report was sent to the petitioner less than 16 hours before a hearing on Oct. 14, 2021.

This limited time did not allow for the petitioner to have an opportunity to fully review and prepare any sort of rebuttal for the report.

It was also alleged that after the hearing happened, the BOCC told all parties involved that additional information and clarification was needed prior to them rendering any sort of decision — however Weeks alleged in her petition that that evidence was sought out incorrectly as the public was not privy to several conversations that reportedly happened concerning the petition.

According to a report from P&Z, the portion of Potlatch Road in question has been improved for public use, however Weeks also rebutted that statement in her most recent petition.

“The only improvement to the right-of-way in the vicinity of the abandonment identified at the public hearing was an area improved by Public Works to remove water from Big Creek for its water trucks,” the petition reads.

On Tuesday, Weeks requested that with all of the alleged procedural miscues during the initial petition that the BOCC rehear the petition and allow for all of the evidence involved be heard — including allowing for appropriate time for any rebuttals that may arise.

The BOCC agreed with Weeks’ sentiments and unanimously agreed to rehear the petition.

“In going through this, there is enough evidence in my opinion to redo the hearing,” said BOCC Chairman Mike Fitzgerald. “Aso in my experience, as we finished the hearing it turns out that there is a lot of moving parts and pieces that happen around this parcel, so it’s not just a standalone issue and I think it warrants a new hearing so new evidence can be introduced and we can make a more holistic decision with respect to the issue at hand, plus some decision that may lead toward making the area more usable for everybody.”

The new hearing date has not been set at this time, but the BOCC anticipates it to be in about a month.