Our appeal was filed. It may take 12-18 months for a decision as the Supreme Court has a very heavy case load.
The appeal will be primarily focused on a set of issues pertaining to water quality. For example, HCRD contends that the ground water resource is not adequately described and the effect of 81 wells on the Heron aquifer, source of water for the entire town, is not adequately analyzed. There are other questions about septic systems and storm water runoff that will be considered for inclusion in the appeal. The briefing schedule has not yet been set.
November 30, 2007
District Judge C.B. McNeil denied the Heron Citizens for Responsible Development’s (HCRD) petition against Sanders County and ruled in favor of the County. As HCRD and co petitioner, Dan Sloan, do not believe that the major impacts of the 81 lot Lakes at Heron subdivision have been adequately addressed, the group decided to appeal Judge McNeil’s decision to the Montana Supreme Court.
CRD PETITION
November 1, 2007
All
the parties briefs necessary to make a decision on the CRD Petition
filed to rescind the Preliminary plat approval for the proposed Lakes
at Heron subdivision have been filed. A decision will be made as Judge
McNeils' workload permits.
October 8, 2007
Latest update on CRD legal petition to deny the County Preliminary Plat approval of the Lakes at Heron Subdivision
The
Judge has signed an order to file "final reply briefs" in support of
their own motion and in opposition to other motions on summary
judgement by no later than October 31, 2007. The Judge then sent a
hearing date of November 13, 2007. The hearing may be waived if all
parties file a waiver of hearing. CRD has notified our attorney that
all agree to a waiver of oral arguments at a hearing. The Judge will
review all the briefs and issue a summary judgement hopefully before
year end.
OTHER AREA SUBDIVISIONS
October, 5 2007
Sanders County Planner Report
• The Beaver Creek subdivision is working with the entities named to bring the information requested by the county.
• Tall Pines subdivision owner is still working with Avista to resolve boundary issues.
October 4, 2007
DEQ News
DEQ reports that there have been no further submissions from The Lakes at Heron subdivision so the subdivision is on hold until DEQ requirements have been met.
October 2-3, 2007
Heron Bridge Update Bridge inspectors are again examining the Heron Bridge.
This inspection ordered on state "structurally deficient" bridges as a result of the Minneapolis bridge collapse. To date, no improvements or changes have been made to this bridge. The examiners and others have seen overweight vehicles cross the bridge. There is no enforcement of these restrictions from either the county or the state.
September 27, 2007
Sanders County News
The proposed vote on a Planning Board in Sanders County has been postponed. Commissioners have not set another date for a vote on this important issue.
Heron-CRD
Heron Citizens for Responsible Development Heron, Montana