A judge is scheduled to decide next week whether to dismiss a petition asking Meridian City Council to rethink its decision to allow a local recycling company to expand operations.

The petition for judicial review was filed on April 16 by 12 residents, an Idaho company and a nonprofit asking the court to require the city of Meridian to reconsider its decision to allow Timber Creek Recycling to expand its operations without a conditional use permit.

The petition says Timber Creek Recycling staff did not apply for a conditional use permit, which is required by the city’s code for any expansion and enlargement of a nonconforming use. The petition was filed by attorney Josh Leonard in 4th District Court.

Judge Deborah Bail is scheduled to hear the motion to dismiss on July 10.

In April, the city of Meridian filed a motion to dismiss the petition.

In May, legal counsel for Timber Creek Recycling Justin Cranney with Hawley Troxell submitted a motion in support of the city’s memorandum.

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Among other things, the memorandum states the court does not have authority to review the council’s decision.

“The list of reviewable agency decisions is set forth in Idaho Code … and the list does not include a governing board’s decision to enter into modification of a development agreement,” the memorandum stated.

It also states that when the petition was filed, it didn’t include payment for the estimated fees for preparation of records and transcripts needed for the case.

On May 10, Leonard filed a declaration stating that when he filed the petition, the deputy city clerk did not have the estimated fee amount immediately available but called back on April 18 with the estimate. The next day, Brian Webb Legal cut a check in the estimated amount of $1,500 and mailed it to the city of Meridian.

“That same day … Andrea M. Pogue, one of (the city’s) Deputy City Attorneys, left a voicemail message for me and followed up with an email to me, in which she directed me not to tender payment of the estimated fee to (the city), stating that (the city) intended to file a motion to dismiss,” the declaration stated.

The city then refused the check and it was sent back to Brian Webb Legal on April 19, the declaration stated.

Patty Bowen is the Meridian Press reporter. You can reach her at pbowen@idahopress.com or follow her on Twitter @pattybowenMP.

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