Supreme court hears gravel pit appeal

The Idaho Supreme Court last week heard an appeal by Boundary County commissioners and Tungsten Holdings to reverse a judge’s decision to stop the development of a gravel pit.

According to court documents, Tungsten Holdings owns land in the county, which is zoned for agriculture/forestry.

On March 22, 2005, Tungsten requested a special-use permit to operate a commercial gravel pit. Boundary County Planning and Zoning Commission held three public hearings and granted the permit on Sept. 6, 2005.

Patrick and Ada Gardiner, who own a cattle ranch 1/4 mile from the proposed gravel pit, appealed the decision. District Judge James R. Michaud ruled in favor of the Gardiners.

The county commissioners and Tungsten Holdings then appealed Michaud’s decision to the high court.

Sandpoint attorney Paul Vogel, who represents the Gardiners, said Friday’s hearing went well and it’s now under the Idaho Supreme Court’s advisement. Vogel didn’t know how long it might be before a decision is made.

“I can say I was impressed with the justices,” Vogel said. “I think they had thoroughly reviewed the (information) and had a  good sense (for what was going on).”

Sandpoint attorney Louis E. Marshall represented the county, while Coeur d’Alene Attorney Janet Robnett represented Tungsten Holdings.