Far Country - Articles

Documenting the struggles by citizens with the Planning and Zoning Office of San Juan County

December 02, 2024
by John S. Weisheit

Under Construction...

SAN JUAN COUNTY
Planning and Zoning Commission

Narrative about litgation from citizens demanding due process

We find it necessary to litigate because the judicial branches of state and federal government are typically where the principles of equity, sustainibility and resilence, have an opportunity to prevail in our decision-making processes.

However, this does not necessarily mean that these principles will be captured by the judges (administrative and judicial) who serve in the lower courts. Either the plaintiff, or the defendant, will likely move their case to the Appellate Court, and maybe even to the highest courts in the state and/or federal system of justice.

For example, Living Rivers (based in Moab, UT) is presently in the US Supreme Court on a dispute about violations of the National Evironmental Policy Act for the proposed Uinta Railway that would deliver two-mile train loads of waxy crude along the Colorado River in Utah and Colorado to refineries along the Gulf Coast (see page 3 for the list of plaintiffs in the reply brief).

Most of the attorney fees will be spent on the procedural deliberations that occur in the lower courts. Therefore, citizens must be prepared to organize and educate their constituency, secure seasoned attorneys and expert witnesses, and raise the necessary funds to pay for these professional services.

Obviously many years and dollars will be expended. But it must be understood that the value returned to citizens is priceless. We also need to be mindful that our state and federal constitutions installed a system of checks and balances, and that every citizen has a position of strength. Please do consider exercising your constitutional rights, and do it with facts and conviction.

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LOVE'S TRUCK STOP (a corporation)
San Juan County

The issue: San Juan County, as a government agency, is negligent in practicing the acceptable standards of due process. In this case, approving an incompleted application to build a commercial truck stop. Consequently, citizens were aggrieved (injured) and rightfully sued San Juan County. Instead of arguing the merits of the case, San Juan County attorneys argued that citizens do not have the right to sue the county, and for lack of having the standing to do so. The District Court affirmed that the coalition of citizens were indeed injured, but San Juan County attorneys appealed that decision to the next higher court. The Appellate Court then affirmed that the standing of citizens had been properly secured.

The merits of the citizen complaint: (1) Love's application of 2019 was incomplete. In fact, this incompleted application was written on a surrogate document from another County. (2) A zoning ordinace from 2011 required that the Love's corporation also had to apply for a variance, which was also not completed. (3) A moritorium on truck stop development was proposed, but before this moratorium became law, Love's submitted their erroneous application, and obviously in great haste. (4) The planning and zoning commission approved the application, and with carelessness.

The Coalition was denied due process: In the word's of the attorney for the citizens..."The procedures adopted by the County for the Planning Commission meeting constituted a denial of due process to the Coalition and members of the community. Due process in an administrative proceeding requires, at a minimum, notice, an opportunity to be heard, and access to a fair tribunal. Even though the County and its attorneys were litigants in the proceedings that led to the Planning Commission meeting, they were permitted to instruct and influence the Planning Commission without the Coalition and its
attorneys being allowed to respond or to address erroneous statements. The influence of the County’s Chief Administrative Officer (“CAO”) and the County’s attorneys prevented the tribunal from being neutral and fair."

News

June 6, 2019 - Truck stop is a toss up for county. By Ashley Bunton for Moab Sun News.
June 20, 2019 -County Opposes Truck Stop Location. By Maggie McGuire for Moab Sun News.
February 9, 2023 - Opponents To Spanish Valley Truck Stop Win Court Victory. By Doug McMurdo for Moab Times-Independent.
February 13, 2024 - San Juan County Pushes Forward Spanish Valley Loves Travel Stop Sparking Appea. By Sophia Fisher for Moab Times-Inependent.

Opinion

September 19, 2019 - The real cost of a truck stop. By Susan Baril for Moab Sun News.
March 16, 2023 - You do not want a Love's Travel Stop anywhere near Moab. By Jeremy Wheatley for Moab Sun News.

Legal Decisions and References

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MILL CREEK PRIVATE CAMPGROUND
San Juan County

A conditional use permit to establish a private campground on private property for an outdoor education program, at the college level. The access to this private campground is by a county road (to a dead end) on Public Lands managed by the Bureau of Land Management.

The banks of this road collapsed during a summer cloudburst in 2022. There is a creek crossing that is impassable during cloudbursts, or a large snow melt. There was a fatal accident at this crossing in 2024.

Additionally, escape from a wildfire driven by high winds in this confined bedrock canyon would become life threatening.

In the summer of 2021, a major fire swept up the adjacent watershed of Pack Creek. This fire started in a public campground managed by the US Forest Service.

Legal Decision

Opinion of Utah Apellate Court. Living Rivers vs San Juan County.

Legal Remedy

Based on the merits, Living Rivers lost this case against San Juan County. The college students and their professors can occupy this campsite, as approved by the Planning and Zoning Commission of San Juan County.
This does not mean that the risks of fire and floods, have not been removed. Death and injury still remains a problem for these campers. We hope the consequences of these safety issues will be addressed seriously by the college professors.
Living Rivers, based in Grand County, Utah, did indeed secure standing to engage San Juan County in a court proceeding. This determination will save money and expeditite a proceeding to immediately argue the merits of the case, rather than to argue the issue of a plaintiff's standing (injury).
Ideally, and in any and all future greivances against San Juan County or Grand County, developing a coalition of participatory citizens from both counties, would provide the best position of strength in the arenas of the public meeting and the public courtroom.

NEWS AND PUBLIC OPINION

Journalists