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County authorizes building permits for Scarla subdivision after review of prior county correspondence
Summary
Prosecuting Attorney True Pearce told commissioners that prior county correspondence led buyers to believe a nine-lot subdivision was permissible; the Board authorized issuance of building permits and approved an interim roadway easement with Tanya Moye for the Gentry Lane relocation project.
Prosecuting Attorney True Pearce and Planning & Zoning Administrator Bridget Felmley briefed the Board on an apparent illegal subdivision of the Scarla property that resulted in roughly nine lots created without proper county approval. Pearce said documentary evidence shows prior county correspondence conveyed permissibility to buyers, and he advised the Board that statute-of-limitations considerations and the buyers' reliance on county communications made denying permits legally untenable. The Board authorized issuance of building permits accordingly (motion carried) (SEGS 077-080).
Pearce also presented an interim roadway easement agreement with property owner Tanya Moye to support the Gentry Lane relocation project. The easement allows the county to begin construction activities, move fences and undertake necessary work while the county continues efforts to acquire fee simple title; the title company approved the easement and Pearce noted the chair's signature is legally sufficient after board authorization. The Board authorized the Chairman to sign the interim easement (motion carried) (SEGS 081-083).
"Given the documentary evidence of county correspondence authorizing the activity — and the fact that the statute of limitations on any potential violations has likely expired — the county is in a difficult legal position to take any adverse action," Pearce told the Board (SEG 079).
