Brian Webb Legal Represents Ada County Residents Opposed To A Commercial Composting Expansion

Brian Webb Legal represents a large group of Ada County residents who are opposed to the expansion of a commercial composting operation in a residential area of Meridian. The operator of the heavy industrial facility, Timber Creek Recycling, seeks to extend the size and expand the output of its Meridian commercial composting operation, which is located at the corner of Locust Grove Road and Columbia Road. The property on which Timber Creek Recycling operates is located within Meridian City’s boundaries (it was annexed into Meridian City in 2016), and is zoned “R-4 (Medium-Low Density Residential District).” In 2016, when the property was annexed into Meridian City, the property owner, L&G Murgoitio, LLC, entered into a development agreement with the city of Meridian, in which the city recognized that the composting operation constituted a pre-existing nonconforming use, and allowed it to continue. Pursuant to the Idaho Local Land Use Planning Act (LLUPA) and Meridian, Idaho’s Unified Development Code, a nonconforming use can continue, even though the zoning of the property on which it is located no longer allows it. In other words, the existing use was “grandfathered” when the zoning of the property changed. However, the nonconforming use may not unlawfully expand – the stated goal is to phase out nonconforming uses over time.

In his testimony to the Meridian City Council, local zoning and land use attorney Joshua Leonard, who is with the Eagle, Idaho, law firm of Brian Webb Legal, argued that while LLUPA and Meridian’s own Unified Development Code both allow for expansion and extension of a nonconforming use, both clearly require the applicant to obtain a conditional use permit. The Meridian City Council, in a 4-2 vote, approved the expansion without requiring a conditional use permit.

“My clients fully intend to appeal,” attorney Joshua Leonard said after the public hearing. He continued, “The first step will be to request reconsideration of the City Council’s decision. If that is unsuccessful, we will file a petition for judicial review in Idaho’s Fourth District Court, which is located in Ada County.”

Watch The Meridian City Council Meeting (starts at 3:53:17)

See Article In The Meridian Press