Kootenai Commissioners Approved Illegal Land Sale Compton Defends Board’s Decision To Approve Deal, Not Fine Developer

Craig Welch Staff Writer

Kootenai County commissioners approved a Squaw Bay development last week even after learning a homesite there was sold illegally.

Commissioners declined to press misdemeanor charges or assess the real estate agent - John Beutler Associates - a $100 fine as the law allows.

The case raises questions about whether developers will follow county and state development laws if commissioners don’t enforce them.

“Once it becomes known to them (commissioners) that this guy has violated the ordinances, they are in effect saying that’s OK by approving the project,” said Chuck Sheroke, an environmental attorney and commission candidate.

State law and the county’s own development rules prohibit anyone from even marketing land that has not first been platted. That requires approval by commissioners after a public hearing.

The law is there to protect homeseekers from buying land in a subdivision that doesn’t exist.

In this case, the real estate agent deeded land in a 30-lot Lake Coeur d’Alene subdivision to a Vancouver, B.C., couple on May 16 - before commissioners first reviewed the project May 22.

Commissioners learned of the gaff May 31 in a memo from county planner Rand Wichman. Wichman told them the sale appeared to violate the law and county ordinances. He urged commissioners not to approve the project.

On June 5, they did.

Commissioner Dick Compton said Beutler and developer Greg D. McFarland of Sandpoint were reprimanded for selling the land. However, Compton said no one was hurt by the violation and it did not change the fact that it was an acceptable subdivision.

Telephone calls to Beutler and McFarland were not returned Thursday.

However, Compton said he told Beutler, a contributor to his 1994 election campaign, that the sale was “a dumb maneuver.” Beutler “came back and apologized,” Compton said. “I said ‘no harm, no foul, but don’t do it again.”’

Sheroke said the law should not surprise any developer.

“Everybody knows you can’t do that - it’s a blatant violation,” he said. “You just don’t do it.”

Beutler wasn’t fined because it was the first time it happened, Compton said.

Compton said it was the first time he had been confronted with the sale of unapproved subdivision lots, but not the first time county planners had.

“It’s a practice that’s been going on, but it isn’t a daily issue,” he said.

While Compton said the county will not tolerate such sales, he denied that approving the project sent developers the wrong message.

“There was no signal sent that these guys can snub the rules,” Compton said.

Sheroke’s opponent, Republican commission candidate Ron Rankin, agreed commissioners should at least have fined developers.

“A violation is a violation,” he said. “There should be penalties.”

, DataTimes

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