BY MAIRE O’NEILL
maire@losalamosreporter.com
The Los Alamos County Board of Appeals has adjourned after four sessions during which it deliberated in closed session on findings of fact and conclusions of law regarding an appeal by Sirphey, LLC of a stop work order issued by former Los Alamos County Chief Building Official Michael Arellano in November 2019. The appeal was remanded to Los Alamos County Council for remand to the Board of Appeals in December by First Judicial District Judge Jason Lidyard.
Board members Terry Priestley, chair, Philo Shelton and Randall Ryti unanimously voted “that the Board of Appeals approve the Board of Appeals decision regarding the stop work order at 813 Central Avenue with the findings of fact and conclusion of law and the order on (Sirphey’s) Motion to Reopen Board of Appeals Proceedings for Taking of New Evidence and Reconstitute Board of Appeals, and that the chair be authorized to execute these orders on behalf of the Board”.
See: https://www.losalamosnm.us/common/pages/DisplayFile.aspx?itemId=18298748 and
https://www.losalamosnm.us/common/pages/DisplayFile.aspx?itemId=18298582
Chair Priestley said the decision shall be recorded with the County Clerk, posted online, and forwarded to the Los Alamos County Council. He said copies shall be forwarded to the parties and the decision shall be final if neither party requests the Council to review decision within five days of receipt.
“On appeal, Council shall overturn this decision only if it is supported by the evidence it is arbitrary or capricious or not supported by law. This Board of Appeals shall be dissolved at the time the Board’s decision becomes final or Council review is requested and Council has made its decision. I encourage anyone interested in understanding the facts that were considered in this hearing to read the decision and final order which should be posted online within the next hour or two,” Priestley said.
The link for the Sirphey hearing is: https://www.losalamosnm.us/government/departments/community_development/sirphey_hearing
The documents were not posted as of 10:10 a.m. and were not distributed to local press.
Update: Links to the two documents can be found above.