Commissioner explains his thoughts on land use application

Paul Galovich presented this letter during the February 4 Hot Springs County Commissioner meeting and a copy was supplied to the IR. See the corresponding story on page 1.

As we gather together today in this public setting with the attitude of transparency I wish to express the importance of this meeting. This open hearing today is somewhat different from a typical meeting of this nature. We are here today to provide an avenue of remedy for a former application of land use change. I feel this application differs from a new application for these reasons;

#1. The continued ongoing litigation from its origination to date, including an appeal to the Wyoming Supreme Court. If this were to go to the Wyoming Supreme Court, the court would review everything in connection to this decision, including all of the mistake’s the county has made though this process and the ramification back to the county, could be regretful.

#2. The “order of remand” issued by Judge Simpson dated June 1st 2023. Pointing out the errors and procedural mistakes of the Board of County Commissioners in this process. Judge Simpson quoted; “The Board’s decision did not include specific findings of fact showing its determinations regarding how the development failed to meet the Board’s regulatory policies nor did it incorporate findings from the county’s land use planner or the planning and zoning commission.” and he goes on to further state “ Based on the law as set forth, the court concludes that under the Board’s rules, it must have included specific findings showing how it determined the policies were not met in this case. The Court concludes that these findings were necessary under the rules and necessary for the applicant to understand the decision and for the Court to rule. As such the Court will remand the matter to the board for any further action.”

#3. In the Judge Simpson’s letter of affirmation dated May 2 2024 he reviews 3 of 7 Absolute policy checklist items that were used to disqualify the applicant and determined 2 of the 3 as being arbitrary and capricious. Allowing  checklist item A14 Road construction standards only as a qualifying standard. He also stated “ This Court earlier determined, in deference to the Board’s interpretation of its rules, that it could be guided by the policies so long as the Board made specific findings showing how it was guided, including how the impacts of the development implicated a given policy.”  This was not done.

#4. With these issues in mind, it is within our due diligence to provide corrections and strive for mutual understanding that can help to bring resolve to this issue. Judge Simpson’s letter also stated “A court must also keep in mind that, because zoning ordinances are in derogation of common law, and because they operate to deprive property owners of a use thereof that would otherwise be lawful, the general rule is to construe zoning ordinances strictly in favor of the property owner.”

John Adams, one of our founding fathers and the second president of the United States, was a strong advocate  of property rights and individual liberty. 

He stated in 1787 “The moment the idea is admitted into society that property is not as sacred as the laws of God and that there is not a force of law and public justice to protect it, anarchy and tyranny commence”

I have been sworn into office as a county commissioner to defend the Constitution of the United States and the Wyoming State Constitution. According to the Constitution the single most important duty I have as an elected County Commissioner is to protect individual liberty. Everything else is secondary to it.

What is liberty without the rights of property? The right to acquire property and develop it. Not just to build a home on it, but to use that property for economic welfare of your family and others.

Chairman Ryan and myself acquired property on lane 3. We went through the process to acquire a land use change and developed our properties, build buildings and other infrastructures for business operations. Chairman Ryan for a trucking company and myself as a manufacturing facility. We accomplished that before there were substantial road improvements etc. I’m sure our neighbors, at times, don’t appreciate the truck traffic and manufacturing noise and other discomforts that come with business operations. But both Chairman Ryan and myself strive to be good neighbors and minimize any discomforts to our neighbors and help out when we can. I believe that our businesses are an example of how we can accomplish good things when we work together with mutual respect and cooperation. The Stevens have come before us today with similar desires and aspirations.

As we live our lives with the hope of economic self-reliance and prosperity we travel down the road of capitalism, pushing our cart filled with ideas, talent, ambition, opportunity, hard work and risk. I would hope that as a Board of County Commissioners we are NOT throwing rocks in front of the wheels of your cart, but clearing the path so you can progress to accomplish your goals. Knowing the hills and valleys you must pass through.

Great things can happen when we work together with mutual respect and appreciation. Having an understanding of the importance of economic development and employment opportunities and the positive effect it has on us today as well as generations to come. May we remember to be kind and not strive for discord or hate as we move through this process.

Thank you, Commissioner Galovich