02/04/2008: "Senate Bill To Charge Fee To Appeal CAO"

A new bill ( SUBSTITUTE SENATE BILL 6493 )is working it’s way through the Senate that would allow the collecting of a $400.00 filing fee to appeal a critical areas ordinance (CAO), and then allow a “city to sue the complainant and receive up to twice its attorneys’ fees” if the appeal is found by the court to be “frivolous.”

.
(continued from front page)
The original bill SENATE BILL 6493 set the fee at $200.00

The bill would apply only to cities with populations under 30,000 and is limited to an appeal from a decision of a GMHB to a superior court. It would also apply to any Petition for Review, which may be filed by the state, counties, cities, or persons who are aggrieved. A fee that cuts both ways.

San Juan County is currently in the middle of updating the county critical areas ordinance, and there have been concerns about possible impacts to farmers -and others- if the ordinance becomes to restrictive.

Part of the money collected under the proposal will go into a state loan pool that can be used by a city to offset costs when an appeal of a CAO decision is made

San Juan resident Frank Penwell has sent a letter Senator Harriet Spanel, Representative Dave Quall, and Representative Jeff Morris urging them to not pass the bill, and he is urging others to also express their views. The bill is currently in the Senate Ways and Means Committee awaiting action.