The Teton Board of County Commissioners will consider a resolution on May 19 to issue registered warrants in order to pay $2,699,363.26 to Burns Concrete for damages, attorney s fees, and interest, after over a decade of lawsuits and three trips to the Idaho Supreme Court.Â
The legal battles revolved around land use decisions made in the late 2000s.Â
In 2007 Burns Holdings LLC received a zone change that included a development agreement to build a concrete batch plant on the 6.5-acre property owned by the Idaho Falls corporation Burns Concrete. Teton County denied the companyâs application for a conditional use permit to erect a building taller than code allowed. Burns appealed the denial to the Idaho Supreme Court and lost, then applied for a variance to build the 75-foot-tall facility. The county denied the variance.