CARLSBORG — A petition appealing a decision against building a crematory was dismissed Thursday, the Clallam County Prosecuting Attorney’s Office said.
Clallam County Superior Court Judge George Wood signed an order dismissing Jason Linde’s land use petition Thursday, the prosecuting attorney’s office said in a prepared statement.
“As a result, the Clallam County Board of County Commissioners’ decision denying Linde’s application for a cadaver refrigeration unit and crematorium in Carlsborg is final,” said the statement.
Linde, owner of Linde Family Funeral Services, was not available for comment Thursday.
Linde received approval for a conditional use permit to build a crematory at 108-B Business Park Loop in Carlsborg from Clallam County Hearing Examiner Chris Melly in April 2008.
A group, Citizens for Carlsborg, opposed the creation of a crematory and appealed the hearing examiner’s decision to the three Clallam County commissioners.
In November, the commissioners said that the crematory wasn’t an appropriate land use within the county’s comprehensive plan.
Linde appealed that decision to the Superior Court.
The prosecuting attorney’s office and Citizens for Carlsborg filed motions both in Superior Court and with the state Court of Appeals, asking that Linde’s petition be dismissed for “deficiencies in pleading,” the statement said.
The prosecuting attorney’s office said in Thursday’s statement that Linde had said he planned to rescind his petition appealing the county decision.
That could not be confirmed by Linde on Thursday.
The action came about one week before the Court of Appeals was scheduled to hear argument on the appeal filed by the county and Citizens for Carlsborg, the statement said.
Upon learning that the Superior Court had dismissed Linde’s land use petition, Prosecuting Attorney Deb Kelly said in the statement: “We applaud Mr. Linde for making the decision to withdraw his lawsuit, and I share a collective sigh of relief with the surrounding businesses and homeowners.
“That said, in light of the potential economic benefits to the county of Mr. Linde’s proposed business, it is my sincere hope that he explores the possibility of operating his business in another area of the county more conducive to his business.”
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Reporter Tom Callis can be reached at 360-417-3532 or at tom.callis@peninsuladailynews.com.
