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THE PARADISE ALLIANCE JOURNAL

October, 2006

The last several months have been very eventful for the Alliance as we continue to work toward stopping the zone change of the approximately 175 acres that lie between Paradise and Stutler Roads on SR 195 from Rural Traditional (RT) to Mine Zone (MZ). The summer months provided a great opportunity for multiple fund raising events along with the chance to visit with many community members. We have also been active during this time querying the county regarding the multiple compliance problems on that property owned by Mr. Rajewski. Some of our success is explained further in the newsletter.

Over the course of the summer, we have been asked multiple times about the status of the zone change. Numerous stories have surfaced and although several of them are more comforting to hear, we have not been able to confirm anything that tells us that our fight against the mine zone is over. In fact, the most recent letter from Mr. Rajewski’s attorney, John Bury, of Murphy, Bantz & Bury, to John Pederson of Spokane County, dated June 15, 2006, states" I am writing to formally request on behalf of the owners that you keep this application open". A copy of the letter can be viewed on our website. This document speaks for itself…..our fight to stop the proposed mine zone change is not over. You will notice a statement at the bottom of the letter accusing the Alliance of wrongful and erroneous statements about Mr. Pederson in our last newsletter. We want to assure everyone that the Alliance is very careful about how we handle all of our communication and we utilize our legal counsel for reviewing our documents. After reviewing our May newsletter, you will find that this statement was made in error.

In our last newsletter, we provided a list of compliance issues and the actions taken by the county. At that time, there were very few actions taken by Spokane County Code Enforcement or the Building and Planning Department. Shortly after our newsletter was published several actions addressing the road that was built through the wetland and its buffer did occur. At the request of the county, a Wetland Buffer Averaging Plan was submitted by Mr. Rajewski’s biologist. The intent of this plan was for Mr. Rajewski to provide the county specific detail relating to the extent of the damage to the wetland / buffer area and a plan of action for addressing the violations and complying with the code as set by the Critical Areas Ordinance. This plan was submitted to Spokane County Building and Planning and approved as written. After review of the plan, the Alliance found that much of the information provided was inaccurate and that it did not meet the standards or the criteria set forth in County ordinances. We appealed the county’s administrative decision to accept that plan. This appeal hearing went before the Hearing Examiner, Mr. Dempsey on September 6^th concise, fact filled presentation by our legal and biology experts provided evidence through aerial photos, maps, scientific conclusion, and legal interpretation of the regulations. On October 4^th, Mr. Dempsey’s decision on the appeal was published to say "Based on the Findings of Fact and Conclusions of Law above, the administrative determination issued by the county Department of building and Planning approving the proposed buffer width averaging plan is hereby reversed, the appeal of the administrative determination is hereby affirmed, and the buffer width averaging plan is denied." This decision does not stop the mine zone application, however it does place emphasis on the non-permitted road built through this particular wetland and buffer and will not allow for 1500 gravel trucks a day to be run through it. More importantly, it will require the violations be addressed and the area be brought into compliance. Based on the evidence we provided during the hearing, the area affected by the violations is over 28,000 sq feet. Mr. Rajewski can file an appeal of this decision to Superior Court by October 30^th. If appealed, Superior Court will make their decision based only on the record of the information provided at the September 6^th hearing. (Full text of the findings and decision are available on the Hearing Examiner’s website at  www.spokanecounty.org)

During the past several years, we have provided hard-fast documented proof of the violations on the property to the county. We believe this property owner should have to comply with the same regulations just as other landowners and developers do, so we continue to push for enforcement. We are driven by this question: If this property owner isn’t willing to work within the codes at this point, what would make anyone believe the codes, regulations or stipulations would be followed if a mine and asphalt plant were there? These regulations set by Spokane County are not voluntary. They are not intended to be applicable to only those who need to be compliant so they can build their home. The regulations are written to protect sensitive areas and the value of our homes and lands. Without these regulations, and enforcement of them, any one of us could end up with a junkyard, convenience or mega store, landfill, hazardous waste storage site or asphalt plant next door, depending on what the adjacent property owner wanted to do. Local citizens are not asking for special favors, simply that the regulations that are currently in place be enforced equitably and consistently.

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In a separate action, an appeal by Mr. Rajewski of the Superior Court decision in the easement lawsuit neighbors brought against him will likely go before the Appeals Court in March or April of 2007. The court ruled in favor of the plaintiffs in October 2005. Mr. Rajewski then appealed the court’s decision earlier this year. As you read about this issue, we suggest thinking of it in context of what your reaction would be, and the cost you would incur, if you had a neighbor who built a 45 – 60 feet wide road through your property without a legal easement in order to run up to 1500 trips a day of rock product trucks to and from a mine and asphalt batching plant. The emotional and financial burden is one that none of us would want to bear. The Paradise Alliance is supporting efforts on behalf of those neighbors.

Over the winter months, we will continue toward our goal of stopping the proposed mine zone. Other actions are currently being implemented. We are updating our website with photos and information as it becomes available. We also send out emails to those who have provided us their email addresses as new information becomes available. If you would like to get on this list, please provide us your email address.

Paradise Alliance is hosting its 2^nd Annual "Fall into Paradise" dinner / dance / silent auction fund raising event on November 11^th. Last year we raised over $8,000.00 during the evening and everyone had a great time! It’s a western theme and an evening that you will not forget. Members of the Alliance receive a special invitation to the event along with other special notices throughout the year. If you would like to help protect your community from this proposed mine zone, and do not want to awaken to the sound of crushing rock or the smell of asphalt batching, we would encourage you to join us. You can join us by contacting us via our website or by mail to the addresses below. Your involvement and support can be in many venues.

MAILING ADDRESS: Paradise Alliance, PO BOX 167, SPANGLE, WA 99031

Below is the letter from the Mr. Rajewski's attorney asking to keep the rezoning application open:

Update 2006:  From a previous email sent to members:
The applicant for the mine zone, Mr. Dave Rajewski built a
road on adjacent property owners land that he intended on running up to 1500 trucks a day on to access Highway 195 via Stutler Road.  The affected property owners filed a lawsuit in 2004 and this issue went to trial in October, 2005.  This road was declared, in court, to be on an invalid easement, which would eliminate vehicle access to the mine zone property.

Judge Austin showed great tenacity in getting to the truth and core of each testimony and legal assertion.  He asked questions often and in great detail.  It was apparent to those who attended the week long trial that he went the extra mile to ensure no detail was left uncovered, no question unasked or unanswered and no loose ends remaining when both sides rested. We extend our appreciation for the outstanding example of service to the law and common sense that Judge Austin performed. Meanwhile Mr. Rajewski filed an appeal in April, 2006 to the courts decision.

There are several studies required as part of the mine zone application.  We are over 2 years into the process and must still report that not 1 study is fully completed.  Several partial studies have been submitted to the county but unfortunately, Spokane County Building and Planning does not place any emphasis on the applicants to complete them in a timely or accurate manner.  The Department of  Fish and Wildlife continue to voice their opposition for the project.

There are many compliance issues still remaining on Mr. Rajewski's property that the county has not enforced yet.  These issues range from wetland disturbance and destruction, blasting in non-permitted area, non-permitted timber harvest and non-permitted grading.  The timber harvest and grading permits are supposed to be handled once the mine zone application is either approved or denied.  We continue to bring the other issues forward through our experts and photos to the county but as of mid-April, they have not enforced the regulations, or placed fines for the violations.

Mr. Rajewski continues to have a Mine Zone application on file.  Until this Application is withdrawn we must remain diligent.  We have won one battle but the war is not over yet.  Please stay tuned for future fundraisers. 
 

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