Jackson County v. Earth Resources Inc.

Earth Resources, Inc. “Earth Resources” applied for a conditional use permit to develop 94.48 acres of real property as a construction and demolition landfill. The application was twice presented in public hearings before the Jackson County Planning Commission, during which the Commission heard from the county planning and zoning staff, other governmental personnel, Earth Resources, and citizens. After each hearing, the Planning Commission recommended to the Jackson County Board of Commissioners “Board” that the special use permit be denied.1 After the Board’s final public hearing,2 it denied the application. Earth Resources sought a writ of mandamus to require the Board to issue the permit. On January 14, 2004, the superior court granted certain relief, concluding that there is “a clear right to have all relevant evidence considered by the Board of Commissioners,” and for the Board to fail to do so constituted a “gross abuse of discretion.” The court ordered the Board to reconsider the application, to consider all relevant facts before it, and to state upon what evidence it relied in “either granting or denying” the application.

Both Earth Resources and the Board moved for clarification of the order. Earth Resources subsequently moved the superior court to: 1 find the Board in civil and criminal contempt; and 2 modify its order of January 14, 2004 so as to order the Board to grant the conditional use permit. On consideration of this motion, the court found that Earth Resources had “presented unrefuted expert testimony that it had met all criteria for the issuance of a special use permit,” and ordered the Board to issue the permit.3 This Court then granted Jackson County’s application for a discretionary appeal.