Michael County Board approves Plains Farm LLC site plan after debate over a for-sale listing

The Michael County Board approved site-plan resolution SP25501 for Plains Farm LLC during its Dec. 16 meeting after brief debate about whether the property’s owner intended to retain ownership.

A board member raised that the applicant had told the board at a prior meeting that he planned to continue to own and operate the property, but that a July listing for the property appeared on RootNet. After inquiring, the member said the applicant’s attorney told the board the listing was being used to explore financing and that the owner’s usual business model is to retain and rent similar properties.

The issue prompted concern from at least one board member, who said, "The applicant clearly, in my opinion, lied under oath," and urged accountability. The chairman and other members responded that intent at the time of testimony can change and that the board lacks a practical mechanism to enforce a promise of continued ownership. Legal counsel and staff also noted the board cannot impose a condition requiring continued ownership because that would amount to a deed restriction and is beyond the scope of a site-plan approval.

Jackie, the clerk, told the board she had reviewed the prior meeting tapes and incorporated the conditions discussed into a memorializing resolution. She said the attorney’s explanation would be noted in the record and that she had the follow-up correspondence in writing.

Following the discussion, the chair called for a motion to approve the site plan. A motion and second were made; the board conducted a roll-call vote and the chairman announced the resolution passed.

The board then approved the Nov. 18 meeting minutes, declined to enter a closed session, exchanged brief seasonal remarks and adjourned.