Lawsuit over Cascade County board appointments is dismissed
The case against Cascade County over zoning board appointments has been dismissed.
Judge Olivia Rieger issued her order on Sept. 18 to grant the county’s motion to dismiss, but gave costs to the plaintiff, Ryan Villines, stating that his suit appeared to have caused the county to correct a mistake.
Costs including the cost of filing the lawsuit, which according to court clerks was $120, mailing costs and service costs.
Villines has 10 days from the issuance of the order to file his costs, which as of Tuesday afternoon, had not occurred. The county then has five days to file an objection.
Villines filed a complaint in March asking for an injunction to stop the County Commission from making an appointment to the Zoning Board of Adjustment and alleging that the county’s criteria for applicants violated his rights.
The criteria was later removed entirely and the county made an appointment to the ZBOA on April 10.
During a June 22 hearing, Villines said he wanted the suit to continue to prevent the county from reinstating the criteria.
In her order, Rieger wrote that speculating about “what could potentially happen is not the correct way to plead out this matter nor argue this motion. Plaintiff cannot recover damages on something that may, or may not, happen in the future depending on the outcome of the legal proceeding in this complaint. The court, the plaintiff and Cascade County are not equipped with a ‘crystal ball’ to ascertain whether or not any future complaints may arise out of these circumstances.”
Rieger wrote that there was no evidence before the court of a pattern or of reoccurrence in regards to applying to applicants the criteria that Villines found objectionable.