Sale or no sale, the Island County Fair Board will have a role to play in a decision over Fairgrounds Road, county commissioners said this week.

The city of Langley wants a piece of the county fairgrounds property to build a new road to connect Langley and Al Anderson roads. The proposed road is needed to help lessen traffic troubles once the new Highlands subdivision is built and other land at the south end of town is developed.

While city officials have said they could bypass fair board approval — and the county could accept an offer for purchase of the land before the issue hits the courts — county commissioners said they see it differently.

“We don’t have any way to transfer the land without the fair board’s approval,” Commissioner Mike Shelton said.

Based on his understanding of county rules, the commissioners could not agree to a fee simple purchase or easement across fairgrounds property without an approval by the Fair Association Board, Shelton said.

Regulations covering the fairgrounds are found in the Island County Code, the set of rules that cover everything from getting a business license to zoning restrictions.

At the bottom of the disagreement is the interpretation of Island County Code that outlines a potential sale of fairgrounds property.

According to the code, “to the extent allowed by state law, the fairgrounds property may not be declared surplus, sold, or conveyed for private ownership and use without the affirmative consent via an advisory ballot of the voters within the South Whidbey School District.”

If the county has the approval of the fair board, a purchase without a vote by the people living within the school district would be possible.

However, the fair board has twice shot down the city’s request for an easement.

Without the fair board’s consent, Shelton said, the county can’t give the land to the city. That leaves the condemnation process of eminent domain as the only way for the city to acquire the land.

Island County Prosecutor Greg Banks declined to offer a public opinion on the county code on the fairgrounds issue, explaining that the prosecutor’s office has already given its advice on the issue and may be asked about the topic again in the future. Detailing his office’s opinion would be violating the confidential attorney/client privilege.

The city of Langley, however, interprets the code differently.

City administrator Walt Blackford said the word “private” in the passage “for private ownership and use” makes all the difference.

“We want it for public use,” Blackford said.

The city is relying on legal advice from city attorney Dale Roundy and a condemnation specialist from Seattle.

The fight over land for the new Fairgrounds Road has been controversial.

The city wants to build a connector road that would stretch approximately one-quarter mile between Al Anderson and Langley roads; about 400 feet of the road would cross fairgrounds property. The road would be 18 to 22 feet wide, and the city had asked for 60-foot-wide easement across the fairgrounds.

Opponents of the new road say it would cut off the tent campground area from the rest of the fairgrounds and make it almost unusable.

When negotiations came to a halt, the city council approved the condemnation process. As a preliminary step to the process, the city is now examining the fairground land that’s needed for the road to see how much it is worth.

“We have an appraiser and he was put to work last week,” Blackford said.

Once an appraisal is completed, the city intends to make an offer to the county to purchase the roughly 19,000 square feet of fairgrounds property needed for the road.

The county can then accept the offer or decline it. A rejection of the offer would force the city to continue the condemnation process.

However, the city is confident that the county would be supportive of an offer.

It may not be that easy, though.

Commissioner Mac McDowell said there are no pre-arranged agreements of support between city and county, and that the commissioners are bound by the rules.

“I am not agreeable to any sale and worry about details later,” McDowell said.

McDowell said the way he interprets the code, the fair board has to agree to any actions taken by the commissioners.

City and county leaders have not talked about the road request since the staff session when city officials presented their plans in early July, and the commissioners told them that they could not grant an easement due to its relationship with the fair board, McDowell added.

“Nothing was worked out behind closed doors,” he said.

“The city has to work this out with the fair board,” McDowell said.

The city and the fair board are at odds about how the new road will change the fairgrounds property. “It’s a difference of opinion regarding the impact,” Shelton said.

The city could condemn the property for public use as long as the new use does not significantly affect the other public use of the property, Shelton added.

City officials stress the proposed street would not hurt the fairgrounds, but instead would benefit the fair by making it easier for large vehicles to get in and out of the fairgrounds.

Shelton said he realizes that the city needs to plan for future development. Langley officials have said Fairgrounds Road will not only serve the new Highlands subdivision, the biggest housing project in city history, but other parts of south Langley, as well.

“One of the things I am supportive of is that Langley is trying to fulfill its responsibilities of the Growth Management Act,” Shelton said. “As the Island County population grows, those kinds of developments (such as the Highlands) have to take place.”

On the other side, Shelton said he understands that the fair board wants to protect its roughly 14 acres for fair purposes and he is appreciative of the volunteer boards efforts to put on the fair each year.

“For the past 75 years the fair has been put on by a very dedicated group of volunteers. It’s maybe the biggest party in the county. And I have nothing but admiration for the fair board,” he said.

“The relationship between the fair board and the city is strained, to say the least,” Shelton said.

Shelton said he hopes the dispute can be resolved outside of court.

“I continue to believe that we’ll work out a solution,” he said.

McDowell said he also would like see the issue resolved.

The city is considering what’s best for its citizens, and at the same time, the fair board should try to work out the best deal for the fair and the fairgrounds, instead of facing a potential loss in court, McDowell said.

Even so, the city has already taken its initial offer off the table of $138,000 in site improvements, including changes to stormwater drainage in the area, a sewer line extension along Langley Road, and the installation of a dump station for recreational vehicles. The land is likely to appraise under that amount.

Dan Ollis, chairman of the Fair Association Board, said the board is currently focused on organizing the fair and they have not taken any action on the road issue or gotten legal advice.

“We’ll pick this up after the fair,” Ollis said.

Michaela Marx Wheatley can be reached at 221-5300 or mmarxwheatley@southwhidbeyrecord.com.