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Washington County commissioners approve settlement with City of Weiser over prosecutor's office
Summary
The Board unanimously approved a settlement and conditional use permit that resolves a zoning lawsuit over the county prosecutor's office; terms require preservation of the building's historic character and prohibit private commercial law practice in the space, and the lawsuit will be dismissed with prejudice.
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Jim Harberd, chairman of the Board of County Commissioners, signed a settlement the board approved Jan. 5 that resolves a zoning lawsuit with the City of Weiser over the county prosecutor's office.
Prosecuting Attorney True Pearce told the commissioners the City of Weiser had earlier denied a permit for the county's use of the building; the city later held hearings and approved a conditional use permit. Pearce said the conditional use permit and a settlement agreement prepared by the parties would end the litigation if the board accepted the documents.
The settlement requires Washington County to "preserve the historic nature of the building and shall not use the building for the general commercial private practice of law," language Pearce read to the board. Under the agreement the City of Weiser will dismiss its lawsuit with prejudice and each party will bear its own costs and fees on execution of the settlement.
Pearce characterized the agreement as cost-free to the county in direct legal fees and urged acceptance so taxpayers would no longer pay for continued litigation. Commissioner Nate Marvin moved that the chairman sign the settlement agreement on behalf of Washington County; Gordon Wilkerson seconded the motion and the board carried it unanimously.
The board directed that signed copies be provided to the city and retained in the county clerk's file. The commissioners described the outcome as returning to the original intent of the county's use while avoiding further expense for both jurisdictions.
Next steps: the chair will sign the final pages and the county will distribute the executed agreement to the City of Weiser and keep a copy on record.
