Easement dispute raised but county plans to require recorded access before operation

Several commenters told the board that the access route described in the applicant's materials crosses property owned by the Mountain Of Attention Sanctuary and that the sanctuary has not granted an easement for commercial use. Timothy Toy said the application's statement that the property is accessed via a private gravel road was untrue because "Holy Domains has not given a easement...so there is no valid legal access to a public road." Duncan Gamlin and others offered photographic evidence and argued the recorded instrument was granted by someone without ownership authority.

Staff pointed the board to Exhibit A7, described on the record as "the recorded grant of easement for this access," and told supervisors that adding a condition requiring a legally recorded easement prior to operation would give the board comfort while leaving disputed title issues to civil court if contested. County counsel confirmed the board may rely on recorded easements and other documents as evidence when acting in a quasi-judicial capacity but does not itself adjudicate private title disputes.

The board added a permit condition requiring the permittee to provide documented, legally recorded easement access and made operation contingent on that verification. Several public commenters said that condition would not resolve underlying title disputes but would at least require proof of access before operations began.