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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.
On the penultimate day of 2020 the Teton Board of County Commissioners signed off on the vacation of the old Packsaddle Road and the dedication of its replacement, wrapping up a conversation that started in 2014.
âDoes anyone have the champagne?â asked attorney Sean Moulton after the final approval during a special meeting on Dec. 30. Moulton represented the property owners in the contract negotiations with the county.
The former Packsaddle Road west of N9000W was in substandard condition and included Kayâs Hill, the precipitous eroded doubletrack that rises above Kayâs Dairy and reaches grades of 19 percent (nine more than the countyâs accepted maximum), and in the past often stranded hapless motorists, to the consternation of nearby residents and ranchers. After months of preliminary discussions in 2014 and 2015, the owners of Ag Rim and Grandview Ranch applied to reroute and rebuild Packsaddle to provide better access to ten large ranches to be developed