DEAR PARADISE ALLIANCE MEMBERS, SUPPORTERS AND NEIGHBORS,

In a letter from John Buri, Attorney for David and Teresa Rajewski, to Senior Planner Bill Moser dated November 15, 2007, Buri stated “The Court of Appeals has now affirmed and determined that all ingress/egress easements to the Rajewski property are void.  As such, the land use application is moot.  Please close your file as the application is now formally discontinued.”

The Paradise Alliance has obtained confirmation from Spokane County Building and Planning Department Senior Planner Bill Moser that the Spokane County Building and Planning Department, in response to the request from Attorney Buri, has formally closed the Mine Zone Application File.  Moser stated that this closure is permanent and the application and file cannot be reopened.

Members of the Paradise Prairie and Hangman Creek watersheds have every reason to celebrate this important milestone!  It has been a long, expensive and frustrating four year community effort to protect our irreplaceable underground water supplies and eliminate the enormous safety and pollution threats that development of the proposed 170+ acre commercial mining, crushing and rock products distribution project would have created for generations to come. The united efforts of hundreds of neighbors brought the necessary financial, legal and technical strategies to bear against this inappropriate and environmentally dangerous effort. 

As stated in Buri’s letter, the key factor in causing Rajewski to withdraw his application was the strength of conviction and willingness to stand up for their property rights of the neighbors upon whose properties Rajewski built the huge access road.  The expensive and long battle to prove that Rajewski had no easements or right to use their neighbor’s properties was truly brave and the single most effective tool the community had to stop the rezoning.  All Alliance members, through their on-going donations and support were partners in that easement victory.

We’d like to declare victory and go home!  But as much as we’d like to say, “We did it!!”, our work is still not over.  Several important, on-going issues remain.  Over these past four years, the Alliance has formally notified Spokane County and several state and federal agencies of numerous violations of code, regulations and laws by Rajewski on both those properties designated for the mine zone and adjacent to it.  The Alliance won an important appeal on a very poor attempt the Rajewskis’ wetland consultant offered to undo serious wetland buffer damage caused by the non-permitted building of the access road.  We are currently waiting for a rewriting and resubmitting of the plan to meet the multiple corrections required by the hearing examiner.  We have stated that we will not be satisfied with a plan that does not meet the requirements of the examiner.

In addition, after finally being able to bring a host of other documented violations to the attention of senior members of the Building and Planning Department and Prosecuting Attorney’s Office in a meeting facilitated by County Commissioner Mark Richard last May, at least three other serious wetland violations on the Rajewski properties have been formally addressed and are awaiting response by the Rajewskis.  Other violations pointed out in the same documentation remain to be investigated and acted upon.  From that meeting, the county now understands the validity and seriousness of the violations we have been reporting and has responded appropriately. 

Over these past four years, the Alliance’s observations of the different treatment given individual landowners and small developers versus large scale developers has thrust the Alliance into the position to push the county for fairness in enforcement of building codes in our area.  Thus, those outstanding issues mentioned above and others still remain to be resolved.

While we are excited that the application for the zone change has been withdrawn, it is troubling that we have found that this issue may not be dead.  Efforts continue by Rajewski to purchase or otherwise obtain large scale access for the properties.  And we have strong evidence to suspect other avenues of rezoning are being considered and have commenced to establish a mining operation.  While we do not oppose appropriate development, in scale with current local zoning provisions, we have not been shown anything to confirm that Rajewski’s stated goal to develop a mine and crushing/distribution plant, ”if it takes 20 years”, on that site has been stopped.  Until we have final assurance that no further attempts to develop the mine and industrial zone have been completely abandoned, the Paradise Alliance will stay vigilant, will continue to monitor and oppose all activities that may be associated with developing a mine and will pursue continued enforcement of the illegal actions we have previously identified on the properties involved.

Oh, by the way, Attorney Buri went on to conclude his November 15th letter to the county with this comment.  He said:  “We again regret the statements made by the adversary’s Association, regarding your department personnel.”  The Paradise Alliance asserts that we have never made any public statement regarding the county or any others that were not factual or which were intended to embarrass or convey disrespect.  The Alliance’s relationship with The Building and Planning Department, its staff and employees and the three County Commissioners has only become stronger, more positive and mutually respectful as this issue has evolved and as we have shared more time together.

Once again, thank you for your patience, your continued support and your commitment to our water, air, safety and individual property values.

 
Joe Jovanovich, Helen Blyton and the Paradise Alliance Steering Committee.

PS     We will be sending out a newsletter to the entire community as soon as we are able.  We also hope to have a get together to meet with members and celebrate the progress so far.  More details later.

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