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ALPINE, Utah (AP) -- After being told -- repeatedly -- by the city attorney that they have no legal ground for blocking a charter school opposed by neighbors, City Council members told the planning commission to work with the school.
One week ago, Alpine planning commissioners, citing a state law that schools cannot be built on land that potentially could flood, recommended against the site plan for Mountainville Academy.
But City Attorney David Church told council members Tuesday night that the suitability of the site for a school is determined by the county and the city cannot be involved in that decision.
He said state law does not allow a city to deny a charter school, and, if residents are unhappy, they should blame the Legislature.
"No one is asking you for permission to build this," Church said. "That is frustrating for the city and for residents, but no one is asking for permission. ... We don't have the power to say no. They are coming to us and saying, 'Tell us how to landscape this.' "
Residents, who spilled outside the council chambers, repeatedly interrupting the meeting with catcalls and angry comments
"At the end of the day, they don't have to come to us for a building permit. We could see a shovel out there next week," Church said.
"Then I'll stand there," an unidentified woman yelled. "They can dig over me because I'm sick of it."
Church said council members could refuse to work with the school on the proposed site plan, but school could get a court to allow the plan.By forcing the matter to court spuriously, the city would have lost any voice in safety considerations for the site.
Councilman Tracy Wallace made a motion, which was unanimously approved, ordering planning commissioners to work with the school to plan the site, but requiring that a letter be sent from the county health department to Alpine saying the school site had been approved by the health department.
Mountainville charter school board member Lori Robinson said she was pleased with the decision. School organizers have asked the city for recommendations for other sites, and the school is willing to look at other sites, but "time is of the essence," and the school must open by the end of August.
(Copyright 2006 by The Associated Press. All Rights Reserved.)
