County Wants Authority Over Barker Parcel

Development

The Donwood partnership wanted what amounted to a blank check for 20 acres of land it owns near Interstate 90 and Barker Road.

Company officials felt they should be given permission to develop anything allowed in the regional business zone - from an adult book store to a Costco.

Spokane County commissioners said no way Tuesday night, requiring Donwood to get the county’s endorsement for any plan it proposes for the land.

Any time the partnership sells a piece of the property, it will have to get permission from a county planning committee, the commissioners decided on a 3-0 vote.

Donwood’s attorney, Steve Eugster, had argued at a public hearing Feb. 21 that commissioners couldn’t impose such a restriction.

He said the only conditions the county could attach to the property were ones planners required when Donwood had the land re-zoned in the 1970s for a truck stop, motel and restaurant - a project that never materialized.

When the company submitted its new, specifics-free plan for the land last year, a county planning committee attached the condition that Donwood get permission each time it sold off a piece of the property.

Donwood appealed that condition to the commissioners.

At the commissioners’ Tuesday afternoon briefing, Eugster vehemently repeated that the county couldn’t attach that condition.

“The commissioners cannot just change the law willy-nilly without trampling some people’s rights,” he said.

Commissioners apparently thought they could.

The controversy wasn’t over even after the vote was taken.

Eugster approached the podium demanding to be heard.

“I believe I have a right to comment,” he said.

Chilberg rebuffed him, saying the public hearing was closed and the issue decided.

“I don’t believe you do,” he said.

Eugster persisted, asking when the commissioners planned to sign the decision.

“My client’s losing valuable time and is suffering damages,” said Eugster, alluding that Donwood may sue the county.

Chilberg told him the board would complete the as soon as possible.