Commissioners approved SPP24-26 (Rolling Hills Estates West) and SPP24-27 (Rolling Hills Estates, 36-lot plat) subject to staff-recommended pre-recording conditions, but public commenters urged caution because a probate-court condemnation order granting a 30-foot access easement across the property was not geographically defined and is under de novo appeal in circuit court (case number 20239014227).

What was said: Attorney and commenter Mark Ryan reviewed the property’s history and the probate-court action, noting the probate order granted an easement without defining the exact right-of-way boundary. He said the circuit-court appeal (trial de novo) will have to define where the easement lies and properly determine compensation using a before-and-after valuation method. Thomas Henry (a landowner involved in the matter) and others explained the practical problem: if a permanent right-of-way is later defined across newly recorded lots, it could cross multiple parcels and change lot access.

Applicant response: Applicant representative Trent Wilson said the plat shows an existing strip consistent with current dirt/logging roads and that if a final court order defines an easement it would likely run along those existing corridors. He acknowledged, however, that the court could reach a different conclusion about exact location.

Commission and staff approach: Staff advised that the application as submitted met current county regulations for a preliminary plat and that several items remain to be completed before final recording (including title work, federal wetland permits when applicable, and any required floodland permits). The commission voted to approve the preliminary plats with standard staff conditions. Staff and commissioners discussed adding a condition requiring the court-adjudicated easement be resolved or otherwise addressed in the title work prior to recording a final plat.

Why it matters: The pending circuit-court appeal could necessitate future changes to the recorded plats or access easements; buyers and neighboring landowners should be aware that a final judicial determination could alter rights-of-way across the property. The commission’s approval makes preliminary plat status but does not bind the court’s decision.

Ending: The commission’s approval moves both Rolling Hills preliminary plats forward under county rules, but staff retains pre-recording review authority and will require applicable federal and county permits and title verifications before any final plat recordation.