Judge rules against Spalding: County, salvage yard owners have 30 days to appeal
By Tara Becker -
tbecker@svnmail.com
LYNDON – A judge has upheld his ruling that overturned a Whiteside County zoning decision, reverting the land on which Spalding’s Auto Parts now sits to agricultural use.
Owners Tina and Troy Ashpole had argued that Judge Richard Zimmer’s zoning reversal was invalid because they were not named as defendants in the lawsuit challenging the county’s decision to give the site an industrial designation.
Zimmer said, however, that the Ashpoles were “generally aware” of the pending civil suit, but waited too long to get involved, and “cannot and should not now be rewarded for the course they chose.”
Besides, at issue is the validity of the zoning ordinance, not how the Ashpoles use the land, so their presence in the case was not necessary for him to make a decision, Zimmer wrote in his ruling.
The Ashpoles are discussing their options, and an appeal seems likely, their attorney, Tim Zollinger, said Monday.
“At this point, we haven’t made a firm decision in terms of what the next step is that the Ashpoles wish to pursue,” Zollinger said. “I would suspect that we would be proceeding to the appellate court.”
The Ashpoles, who did not return phone messages Monday seeking comment, have 30 days to file an appeal.
In July, Zollinger obtained an injunction to keep the auto salvage yard open while the case was being determined. If he files an appeal, he will seek a similar injunction, he said.
In April 2006, the Ashpoles and landowner Karen Bramm filed a petition to rezone 18 acres at the intersection of Interstate 88 and state Route 78 in Lyndon from agricultural to industrial, so the longtime Rock Falls auto salvage yard could move.
Some residents protested, saying the salvage yard would be an eyesore visible from the interstate, would hurt property values and would pollute a nearby creek with runoff.
Against their protests and the recommendation of its planning and zoning commission, the Whiteside County Board voted to rezone industrial.
In June, Zimmer ordered a return to agricultural use, saying he could not find that “the desire to locate to this particular location is the same as a ‘need’ to locate.” He also noted that the land was federally designated prime farmland.
In July, the Ashpoles, the county and Arduini filed motions asking him to reconsider.
Attorney Jim Heuerman, who represents the county, argued in September that the court had “substituted its own judgment for that of the preemptively valid judgment of the County Board.”
In his opinion, Zimmer wrote that if the court cannot use its judgment on the matter, “the ability to bring such a suit and to have a trial would be a nullity.” He also noted that the court did not make any findings of fact different than those made by the zoning commission.
Arduini said Monday that members will discuss whether to appeal Zimmer’s ruling at an executive committee meeting tonight.
To attend
The Whiteside County Board’s Executive Committee meeting is 6:30 tonight in Room 117 of the County Courthouse in Morrison.
The meeting is open to the public, and County Board Chairman Tony Arduini said Monday that members will discuss whether to appeal the Spalding ruling.
Because the matter concerns potential litigation, the discussion may take place behind closed doors, although any vote must be taken in public.
