DRIGGS — Teton County commissioners voted 3-0 on Monday to deny the Sweetwater reconsideration petition on standing grounds, affirming the March 9 approval of the Sweetwater Subdivision Phase 1 preliminary plat amendment.
The petition, filed March 20 by Howard Garber and 11 other signatories, challenged the expansion of a hangar-home development from 18 to 44 lots on the parcel adjacent to the Driggs-Reed Memorial Airport. After hearing the Sweetwater reconsideration on April 27, the commissioners tabled the question for legal counsel on whether the petitioners qualified as affected persons under Idaho Code § 67-6521(1)(a). On Monday, they gave their answer.
Commissioner Dan Powers moved to affirm the March 9 approval "with the findings that the appellant lacks standing as they have not demonstrated a particular harm that affects their real property interest." Reading from the standing rule, Powers said only those whose challenge to a decision demonstrates "actual harm, not a mere possibility," are entitled to a remedy. The Sweetwater reconsideration did not meet that standard.