The San Juan County commissioners’ decision last year to deny an improvement permit for a 6,000-square-foot home on a mining claim near Mineral Point has been upheld by District Judge Gregory Lyman.
In an order issued Oct. 4, Judge Lyman said the board of commissioners “did not improperly abuse its authority” in denying the application.
Dan Lemkuil of Houston filed the lawsuit Aug. 16, 2011 in San Juan County District Court. He claimed the county board “exceeded its jurisdiction and abused its discretion” by rejecting the land-use application which, Lemkuil claimed, was in compliance with the San Juan County Code.
Lemkuil said the county commissioner’ denial of his land use application was “arbitrary and capricious.”
The proposed home on the 8.8-acre Fannie Grigsby Lode mining claim drew wide criticism among local residents. The county commissioners unanimously rejected the proposal July 14, 2011. The county commissioners subsequently instituted a moratorium on approving land-use permits on the high alpine tundra pending development of more specific guidelines.
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