KXLY - January 3, 2020 COEUR D’ALENE, Idaho. – A recent discovery cleared the way for a proposed development in Wolf Lodge Bay to move forward.
Last year, an application was filed to rezone a small piece of land along Lake Coeur d’Alene. John Condon owns that land and North Idaho Maritime, which is a local dock building company.
In a past interview, project manager Rand Wichman said the company planned to use the land as a loading/unloading zone. At the time, the would-be developers thought the half acre property needed to go from a restricted residential designation to a commercial one. The county and project managers recently learned that’s not the case.
Kootenai County Community Development Director David Callahan told 4 News Now that a mapping error made 30 years ago was recently discovered. Callahan explained that a change in computer systems and staff errors led to records showing that the property was not zoned for commercial use. County employees recently discovered ordinance records proving that land can be used as a commercial property. (Continue)
Last year, an application was filed to rezone a small piece of land along Lake Coeur d’Alene. John Condon owns that land and North Idaho Maritime, which is a local dock building company.
In a past interview, project manager Rand Wichman said the company planned to use the land as a loading/unloading zone. At the time, the would-be developers thought the half acre property needed to go from a restricted residential designation to a commercial one. The county and project managers recently learned that’s not the case.
Kootenai County Community Development Director David Callahan told 4 News Now that a mapping error made 30 years ago was recently discovered. Callahan explained that a change in computer systems and staff errors led to records showing that the property was not zoned for commercial use. County employees recently discovered ordinance records proving that land can be used as a commercial property. (Continue)
Wolf Lodge Bay Re-zoning
CDA Tribe Files for Re-hearing
September 26, 2019 the U.S. and the tribe filed "limited" petitions for rehearing with the Idaho Supreme Court. The petitions ask the Court to reconsider its unanimous (5-0) denial of the tribe's federal reserved water right claims for commercial purposes.
The U.S. and tribe have 14 days to file briefs in support of their petitions, after which the Supreme Court will decide whether to rehear the issue of the tribal commercial water right claims, including additional briefing and oral argument. Once the Idaho Supreme Court rules on the petitions filed by the U.S. and the tribe, those parties will have 90 days to decide whether to seek permissive review of their appeals by the U.S. Supreme Court. Such a request could include any or all of the issues included in the original appeals. They are not limited to the issues raised on rehearing. It is unknown whether the U.S. and the tribe will choose to pursue this option. We will need to wait until that period expires before knowing whether the Idaho Supreme Court decision is final.
I will be discussing this development with the Idaho Attorney General's office and the attorneys for the other objectors-respondents.
Norman Semanko, Water Rights Attorney
Coeur d’ Alene, Spokane River Basin Adjudication
The U.S. and tribe have 14 days to file briefs in support of their petitions, after which the Supreme Court will decide whether to rehear the issue of the tribal commercial water right claims, including additional briefing and oral argument. Once the Idaho Supreme Court rules on the petitions filed by the U.S. and the tribe, those parties will have 90 days to decide whether to seek permissive review of their appeals by the U.S. Supreme Court. Such a request could include any or all of the issues included in the original appeals. They are not limited to the issues raised on rehearing. It is unknown whether the U.S. and the tribe will choose to pursue this option. We will need to wait until that period expires before knowing whether the Idaho Supreme Court decision is final.
I will be discussing this development with the Idaho Attorney General's office and the attorneys for the other objectors-respondents.
Norman Semanko, Water Rights Attorney
Coeur d’ Alene, Spokane River Basin Adjudication
Kootenai County Code Amendments
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Kootenai County is proposing to amend the requirements for flood damage prevention (Article 7.2 of the Land Use and Development Code). As currently proposed, the new requirements attempt to expand the requirements for permits for work in flood plains and would add significant costs to property owners, especially for small projects in flood plains. The CLPOA has responded to these amendments and will continue to work with the County to ensure that the regulations that get adopted are reasonable and appropriate.
A copy of the County’s draft as well as the CLPOA comment letter can be viewed by clicking on the links below. |
Legal Briefs on Adjudications
The CLPOA has been actively involved in the Coeur d’Alene – Spokane River Basin Adjudication (CSRBA) and along with our partners in the North Idaho Water Rights Group, have appealed numerous claims by the US Government and Coeur d’Alene Tribe for water rights. A court hearing on the request for summary judgement is scheduled for 9:00 a.m. on March 30 in Kootenai County Courtroom #1. Below are links to recent briefs in the case: 3-20-2017 Brief 2-22-2017 Briefs
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