Kiki Tidwell’s dedication to open space preservation may not have won her the Blaine County commissioner seat she coveted last election, but it did see victory in court last week.
In a 25-page ruling, Judge Michael Tribe of the Fifth District Court found in favor of Tidwell in her lawsuit against Blaine County, ARCH Community Housing Trust, Inc., and the Blaine County Housing Authority asking for declaratory and injunctive relief against placing a duplex on a .61-acre parcel that had been designated for open space and/or recreational use.
The decision means the building permit for a duplex at 3702 Buttercup Road is no longer legit and the county is permanently prohibited from building any structure on the property that does not fit within the “open space” and/or “recreational use” categories. Specifically, the ruling states that the county received only an easement to construct and maintain open space and/or recreational uses on the parcel and that it had no right to transfer property rights sufficient enough to construct and/or maintain community housing.
“I have had affordable housing in my backyard, Agave Place, since 2005, and I haven’t had any issue with it,” Tidwell said. “However, I do have an issue with Blaine County believing that it is above the law and doesn’t need to follow its own laws.”
