Please attend the May 11, 2018, Reconsideration of the Cat Creek Energy, LLC Conditional Use Permit(s) Hearing. This meeting will be held in the basement of the Elmore County Courthouse in Mountain Home, Idaho, at 1:30 p.m.
Elmore County Courthouse
150 South 4 East
Mountain Home, ID 83647
The reasons for asking for a reconsideration hearing were stated succinctly and clearly in the “conclusion” portion of the paperwork submitted to Elmore County, Idaho on March 22, 2018:
The Findings of Fact/Order was not a final order, as it was conditioned upon the entry of the
parties into a development agreement, which did not occur until February 9, 2018, and therefore the
time to request reconsideration did not begin to toll until February 9, 2018. All of the five (5) CUPs
are dependent upon each other and cannot exist separately. Because the issues of the water (Water
Storage and Delivery) has not been addressed in the Development Agreement, the CUPs must be
denied in accordance with the Findings of Fact/Order. The Development Agreement (i) does not
comply with the Findings of Fact/Order; (ii) materially modifies the Findings of Fact/Order; (iii)
does not meet the requirements of the Idaho Local Land Use Planning Act; or the Elmore County
Code; and (iv) fails to address the outstanding water (Water Storage and Delivery) issues which is
the main focus of the project. The aforementioned all impact the requesting party and its procedural
and substantive due process rights, as well as the rights of other affected parties, including but not
limited to regulatory agencies that the record does not reflect to have been afforded the opportunity
to address these changing circumstances.
Due to the myriad of errors and irregularities, this matter needs to be remanded back to the
Director to begin the process anew to correctly address the requirements of the Elmore County Code
and the Idaho Local Land Use Planning Act. To do otherwise would deprive all interested parties of
their rights under Idaho law, the US Constitution, and the county’s adopted process.
Last updated on April 30, 2018