For those interested in the facts surrounding the Emerson wetland issue, here is a little information on the what, when, and why, that has previously has gone unreported.
The Emersons were pressing to have their case heard by the full BOICC in a public trial before that board. The trial was scheduled and briefs were required to be submitted by both parties several weeks ago. The Emerson’s submitted their brief and the county was also required to submit their brief to the court by the deadline. This never happened. The county needed an extension so the county’s brief was never submitted to the court.
One has to look no further than the information in the Emerson’s brief to understand why the county was willing to negotiate a settlement on this issue instead of continuing on to the public trial. The county had no real leg to stand on in this case. While the settlement did include the Emersons paying the initial $5,000.00 fine included in the enforcement order, this was done not on the points at issue in the case, but on the fact that no one could figure out how to rescind the fine associated with the enforcement order that was made some 2 1/2 long years ago.
This issue was settled on the desire to have this issue settled not on the legal facts surrounding the case.
Read the brief and you will understand why the county agreed to settle this issue at all costs. Unfortunately, we do not have the county’s brief in this issue as the county filed no brief with the court.
While this political attack on a sitting board member of the BOICC is resolved it does not undo the damage done to the Emerson’s personally and financially. This is one on the saddest chapters in Island County history and shows just what can happen when politics and the desire to attack an opponent is placed in front of our laws designed to protect landowners in this county.
You can read our previous 19 articles on this issue at the link below:
Here is a link to the brief filed with the court: