Neighbors sue mine developer over use of land

Neighbors of a proposed gravel mine next to U.S. Highway 195 near Spangle are suing the developer in an effort to keep him from crossing their land.

In court papers filed Monday in Spokane County Superior Court, Virgil and Julie Zabinski and Donald Zunino claim that developer David Rajewski doesn’t have valid easements through their land to get to his 175-acre property.

A prior owner created the easements, which were intended for residential use only and were invalid when they were signed because Washington law doesn’t allow an individual to grant permission to himself to cross his own land, said the plaintiffs’ attorney, Stacy Bjordahl.

The plaintiffs are asking the court to void the easement, the only route that Rajewski could use to get heavily loaded gravel trucks onto Highway 195.

In addition, the prior owner who sold the property to Rajewski created the easements for access to 10-acre residential lots, not for mining, Bjordahl said.

“The neighbors will fight to protect their property from this unlawful intrusion and will fight to stop the gravel mine,” Bjordahl said.

Last December, Rajewski petitioned Spokane County officials to rezone his land from general agriculture to mining. The zone change hasn’t been decided. The project would include quarrying, blasting, crushing of basalt rock and the periodic use of an asphalt batch plant. It could operate for as long as 50 years.

Greg Blessing, an agent for Rajewski, said he and his client haven’t seen the lawsuit yet and can’t comment on the legal status of their easement.

But the developer wants to reach an accommodation with the neighbors, Blessing said. “We’ll hear their concerns, but first we have to get by this easement thing,” he said.

The Paradise Alliance of Spangle, a coalition of local property owners, has organized to fight the proposed gravel mine. They are most worried about its impact on their water supply, said Joe Jovanovich, alliance president.

“Mining operations present immediate and predictable threats of disruption, failure and contamination of area wells. Without water, our property is worthless,” Jovanovich said in a statement announcing the lawsuit.

The alliance includes about 350 residents of Paradise Prairie, Spangle, Hangman Hills and The Ridge at Hangman. They are asking county officials to deny a rezone because it’s in conflict with a comprehensive land-use plan that the county took a decade to develop.

“The plan identified areas for mining activity. This is not one of those areas,” Jovanovich said. “If a rezone is approved, it will set an irreversible precedent.”

The quarry can co-exist with its rural neighbors, Blessing said. “We’ll try to make it more palatable” by curtailing hours of operation and keeping down dust and noise, Blessing said.

The developers are doing studies of the project’s impact on wetlands, wildlife habitat and area roads. They hope to have their studies done by early next year, Blessing said.

The Paradise Alliance has hired consultants who say the mining operation would have negative impacts on wildlife, traffic and quiet rural life.

A public hearing on the proposed zoning change will be held early next year.