Judge: County acted properly in blocking North Fork tepees

Posted 2/4/20

A North Fork campground remains prohibited from installing a series of tepees — at least for the time being — as a judge has affirmed the Park County Commission’s decision to block …

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Judge: County acted properly in blocking North Fork tepees

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A North Fork campground remains prohibited from installing a series of tepees — at least for the time being — as a judge has affirmed the Park County Commission’s decision to block the plans.

Wheels of Wonderment Motorcycle Campground owner Peter Pleban wants to set up and rent out the tepees as another revenue source. However, because he’s seeking to build within the Trout Creek floodplain, Pleban needs a county permit that commissioners have twice refused to grant. They’ve generally expressed concern that floodwaters could endanger campers and that they’re not sure whether Pleban’s tepee pads, electrical infrastructure and a proposed fence will stay secure if the creek floods.

When commissioners rejected Pleban’s most recent plans in May, he appealed to Park County District Court. On Jan. 24, however, District Court Judge Bill Simpson upheld the commission’s decision, saying the board had “a rational basis to deny the permit.”

In a couple short filings, Pleban had argued that he didn’t actually need a permit because his fill pads for the tepees are “on grade” and won’t affect the floodplain.

However, the judge said Pleban already lost that argument while going through the county’s planning’s process and said county records are “replete with information” showing the pads are not on or below grade.

Pleban actually built the dirt pads and wired them with electricity before realizing that he needed a permit, but in their May decision, commissioners ordered him to remove the pads, infrastructure and some portable toilets.

The issue had been brought to the county planning department’s attention by Park County Attorney Bryan Skoric, who lives next door to the campground on Streamside Drive. Pleban and Skoric have clashed over multiple issues and, for that reason, Skoric has played no part in advising commissioners on the case. Commissioners wound up hiring an outside attorney, Amanda Roberts of The Wages Group in Sheridan, to defend their decision in court; they’ve paid about $5,150 for her work to date.

Roberts had argued that Pleban should have to cover the county’s attorney’s fees and costs as a sanction “because there was no just cause for this appeal.”

Judge Simpson agreed that Pleban’s appeal failed to comply with court rules and said the appellant’s “brief” — a five-paragraph letter — fell “far short” of court requirements. However, the judge did not impose any sanctions, leaving the county responsible for Roberts’ bill.

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