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County staff schedules reconsideration hearing in Clements and Woods subdivision after earlier notice error
Summary
Kootenai County Community Development Director David Callahan told commissioners Oct. 9 that staff had mistakenly told the appellant they would receive a reconsideration, and to avoid denying the appellant their timeline to appeal to district court the county scheduled a reconsideration hearing for Nov. 13.
Community Development Director David Callahan told commissioners Oct. 9 that staff had erred in advising the appellant in the Clements and Woods minor subdivision appeal that the county would grant a reconsideration.
Callahan explained that Kootenai County’s land‑use code provides that decisions of the board are appealed to district court as provided by law. Because staff had given the appellant incorrect information about reconsideration timelines, county counsel and staff conferred and decided to schedule a reconsideration hearing so the appellant would not lose the time they are entitled to pursue a district‑court appeal.
Callahan said the decision to allow reconsideration is unusual but was made to correct staff misinformation and preserve the appellant’s legal remedies; the hearing was scheduled for Nov. 13. Commissioners acknowledged the explanation; no formal board action beyond scheduling and notification was recorded in the transcript.
Callahan asked commissioners to note the mistake so staff can avoid similar errors in the future; a county prosecutor present agreed the approach — granting reconsideration to preserve appeal timelines — was reasonable in the circumstances.
