Ethan Morris knocks snow off the roof of the Jackson Hole Bible College on Friday afternoon. Morris, who attends the college, said he helps clear the building’s roof every Friday when needed.
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Moratorium challenged

By Cara Froedge, Jackson Hole, Wyoming
June 12, 2008

Teton Meadows Ranch developers have filed a petition in Ninth District Court asking for a judge to overturn a residential development moratorium approved in May.

Sequoia Development filed a petition for judicial review June 5.

The court filing requests that a judge review the freeze resolution county commissioners approved May 6. The moratorium applies to parcels 20 acres or larger and bans the use of some upzoning tools that would increase the number of homes allowed on a property.

It is effective until Dec. 31 or when revisions to the Jackson/Teton County Comprehensive Plan are complete. The freeze was approved one day before a scheduled hearing on the 500-home Teton Meadows, during which a vote could have been taken.

In its petition, Sequoia Development asks the court to review the moratorium and decide whether the board’s decision was “arbitrary, capricious, an abuse of discretion and not in accordance with law or supported by substantial evidence.”

It’s also asking the court to determine whether the moratorium was “an unlawful attempt to circumvent action” on the Teton Meadows proposal.

Finally, the petition asks the court to reverse the decision to impose a moratorium.

Commissioners voted 3-2 to approve the freeze. Commissioners Hank Phibbs, Ben Ellis and Leland Christensen voted in favor of the measure, while Bill Paddleford and Andy Schwartz voted against.

The developer’s attorney, Jessica Rutzick, could not be reached for comment Wednesday. Developer James Reinert, who is one of the partners in Sequoia Development, said he could not comment. Deputy County Attorney Jim Radda, who represents commissioners, also had no comment.

According to the court filing, Sequoia Development submitted a sketch plan proposal for Teton Meadows on Aug. 22. Planning staff reviewed the application and then the Teton County Planning Commission held three hearings on it. With recommendations from both staff and the planning commission, the proposal was scheduled for a hearing before county commissioners May 7.

Yet one day before that hearing, the board approved the moratorium, which killed the proposal for 500 new homes in southern South Park, Teton Meadows representatives have said.

The proposal for 400 deed-restricted units and 100 free-market homes was officially pulled from the planning department in late May, but developers said before that time that the project died when the moratorium was approved.

That’s because a contract to purchase the property expired during the moratorium.

“We’re very disappointed in this ruling,” Robbin Levy, another Teton Meadows attorney, said at the time of the moratorium vote. “This raises questions about due process. They could have done this to us a year ago, and they didn’t.”

Commissioners began talking about a freeze on residential development in March after the county received two requests to consider plans for about 600 new homes south of Jackson in addition to the Teton Meadows application. Owners of the Jackson Hole Hereford Ranch were considering rezoning up to 80 acres of ranchland just west of Jackson Hole High School. That could have accommodated 299 dwellings.

The other potential developers —Three Ranchers LLC, made up of Lucas, Von Gontard and Robertson family members — would have added as many as 315 new homes through a three-part land deal. Combined, the three proposals could have put more than 1,000 new homes in South Park.

The fates of all those projects are now uncertain.


 
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