Island County commissioners unanimously voted to fight the city of Langley in court over the city’s proposed Fairgrounds Road.

After a closed-door executive session with the Island County Fair Association board that lasted more than an hour and a half, the commissioners announced Monday night that they would defend the fairgrounds from a condemnation lawsuit filed by Langley officials. Langley wants to use a corridor of land across the county fairgrounds for a new road.

The city filed a condemnation suit against the county Oct. 13.

The commissioners did not offer any explanation before they voted at the meeting. After the announcement, the commissioners left the meeting room and scurried quickly through a side door.

Before Monday’s meeting, both city officials and commissioners repeatedly said they hoped to avoid a court battle.

Commissioner Mac McDowell said he would have preferred a negotiated solution over court, but after weeks of deliberation the commissioners were stuck with the county code that states the county can not sell or give away a piece of the fairgrounds without consent of the fair board or the vote of the people living in the South Whidbey School District.

“There is no question in mind that we would uphold the code. There are plenty of times when we think, ‘Gee, I wish we hadn’t that code.” But there was never a question about upholding it,” he said.

Langley Mayor Neil Colburn said Tuesday the city will now “take action.” He said he could not elaborate.

But Colburn did say that he wasn’t happy with the decision.

“I am very disappointed. To me, it defies all logic,” Colburn said.

McDowell said condemnation suits take priority to civil suits, therefore city and county may face-off in court soon.

The first question that must be decided by the judge is whether the city has the right to take property already used by the public. She must decide if one public use takes priority over the other.

Next, the compensation will be set. The appraiser hired by the city estimated it to be worth about $12,075. A judge is likely to award more than that.

The fight over the sliver of fairgrounds property goes back more than a year.

Langley said it needs to build a connector road between Al Anderson and Langley roads to handle traffic coming from new and existing housing projects in the area.

About 400 feet of the new connector road would cross the fairgrounds property.

All together, the city has offered to purchase 19,030 square feet. Roughly one-quarter of the land needed follows an existing road on the fairgrounds; the rest would stretch up a bluff and through a forested area.

After being turned down twice by the fair board for an easement request, Langley started taking legal steps to acquire the stretch of the fairgrounds property needed for the new road.

In September, the city offered the county $12,075 for the land. It followed the offer with a condemnation suit in Island County Superior Court in October.

Fair supporters said the city did not give them enough information on the proposed road.

Sandey Brandon, fair administrator, said the city has overlooked many of the concerns of fair supporters.

For example, the city has said the road would not impact the existing road onto the fairgrounds, but inside the fairgrounds is a circular road that would have to be moved, Brandon said. Other concerns include stormwater run-off and loss of camping space.

After the announcement, the fair board listened to audience comments during its regular meeting, which attracted a crowd of about 10 people.

Supporters of the fair’s 4-H programs said building a new street across the fairgrounds raises safety issues. 4-H’ers also fear losing camping space at the fairgrounds.

It’s not clear how the new road would impact the future of fair camping.

From the beginning of the controversy, the fair board has claimed it will lose revenue from camping fees if a piece of the campgrounds becomes separated from the main fairgrounds and becomes unusable.

But during the county fair in August, the piece of the fairgrounds property that would be cut off by the new road was used as a parking area for just three vehicles.

The larger camping area, which sits adjacent to the log show venue and would not be separated from the main fairgrounds by the new road, also appeared to have vacant spots available during the four-day fair.

Michael Maletto, a pre-teen 4-Her, said the dog and cat 4-H areas may be affected most, as 4-H’ers need to stay near their animals overnight. He also said he worries about the traffic on the new road.

“If a 4-H’er runs over after winning his first Grand Champion, the traffic could be dangerous,” he said.

The fair board said it will need a diverse group of witnesses in the fight against the city, and asked for people to participate in the case.

The city has set aside $50,000 in its preliminary budget draft for the legal fight.