Weyer Gulch Road decision headed for judicial review

WALLACE — A recent decision made by the Shoshone Board of County Commissioners (BOCC) will now be under judicial review to determine if the correct decision was indeed reached.

In March, the BOCC denied a petition from applicants Ryder Gauteraux and Chuck Jones, who were seeking the validation of an old section of road called Weyer Gulch Road.

The road leads into property co-owned by the applicants and is located on the south-eastern boundaries of Wallace.

At the time of the denial, Gauteraux and Jones had hoped that historic records of bridges and homes in the area were proof enough of maintenance and upkeep to the old forest road — which in turn might allow them the opportunity to explore a potential crossing being built over the South Fork Coeur d’Alene River for access instead of driving through the river itself.

The judicial review process will be handled by an outside judge as requested by the petitioners (per Idaho Code) and the BOCC has complied with their obligations under the code and submitted a certified copy of the record to the courts for their review.

According to the attorney for the petitioners, it is their belief that access to their property has been deprived due to three things:

• The BOCC’s refusal to validate the existence of public right of way and accurately designate its location.

• The city of Wallace unlawfully blocking the existing access.

• The city of Wallace and Shoshone County’s refusal to provide or designate alternative access to the petitioner’s property.

The denial from the BOCC came after multiple hearings and was based primarily upon insufficient evidence presented by the applicants that demonstrated that the county had any sort of history of county interest regarding this particular road — including maps, records of maintenance, or any record of county expenditure.

According to Idaho Code (40-208), any resident or property holder within the county or highway district system, including the state of Idaho or any of its subdivisions or any agency of the federal government, who is aggrieved by a final decision of a board of county or highway district commissioners in an abandonment and vacation or validation proceeding is entitled to judicial review under the provisions of this section. Proceedings for review are instituted by filing a petition in the district court of the county in which the commissioners have jurisdiction over the highway or public right-of-way within 28 days after the filing of the final decision of the commissioners or, if a rehearing is requested, within 28 days after the decision thereon.

One of the biggest components of the judicial review process is that additional evidence may be presented, which could require the judge handling the review to request that the BOCC hear said new evidence and potentially modify their decision.

The commissioners may modify their findings and decisions due to any additional information and then file that information and any modifications, new findings, or decisions with the reviewing court.

In the months since the board’s initial decision, things have gotten a little testy between the applicants and the BOCC.

During a meeting in April, Gauteraux and Jones spoke with the BOCC where Gauteraux explained that since the road hadn’t been validated as a public road, then it was in fact a private road and that no one could use it without their permission.

This includes those who may have used it historically to access the water and radio towers that are on adjacent property owned by the East Shoshone Water District.

Gauteraux went as far as to threaten trespassing anyone he found on his property — even if it was in relation to either of the two service towers.

Jones was more diplomatic in his approach, explaining that both he and Gauteraux are growing frustrated because they believe that they are being specifically targeted by a group of Wallace residents who do not want them to have access to their property.

One of the biggest issues that has circulated throughout the community of Wallace was a rumor that Gauteraux planned to develop condominiums on the property — Gauteraux has previously said that no plans have ever been made.

However, according to a letter from the applicants’ attorney Robert Rembert, after explaining the reason why access to his clients property has been deprived, he goes on to say the following:

“My clients intended to develop the property, to include residential, recreational and business improvements, all of which require vehicular access. As you well anticipate, depriving my clients of any commercially reasonable access to their property has deprived them of all economically beneficial use of it.”

Similar concerns were widely discussed in 2020, after Gauteraux and Jones purchased the land. It is widely believed, including by Gauteraux that these concerns led to Shoshone County’s Planning and Zoning Commission voting to recommend parts of a proposed amendment for approval from the BOCC that included changes to the county’s Comprehensive Plan — particularly those that involve hillside development.

Courtney Frieh, a Wallace resident and land-use attorney for the State of California, spearheaded those efforts although she maintains that they were not done in relation to Gauteraux and Jones’ purchase of the property. Frieh recognized several holes in the county’s comprehensive plan, particularly parts that involve hillside development.

Frieh began her efforts in 2019 and took her concerns before Shoshone County’s Planning and Zoning Commission (P&Z) to rectify and amend the plan.

P&Z did vote to recommend parts of Frieh’s proposed amendments to the BOCC who approved them in early 2021.

Those recommended additions are specifically to develop design standards and criteria for development on hillsides and; The City of Wallace's designation as a historical site should be protected and enhanced by preserving the natural environment and mountains surrounding Wallace through adoption of a mountain overlay zone.

The official date for the judicial review hasn’t been scheduled as of Monday, July 11.

The Shoshone News-Press will continue to follow this developing story.

EDITOR'S NOTE – This story has been edited for accuracy, specifically concerning the efforts to amend the comprehensive plan.