Island County Commissioners met Wednesday with their legal counsel to discuss how to handle the city of Langley’s recent offer to buy a piece of the fairgrounds to build a new road.

The outcome of the meeting was not surprising.

Commissioner Mike Shelton said the county cannot sell without the consent of the fair association board or a vote by the people who live in the South Whidbey School District.

“I think the issue for Island County is this: We are the owners, but we can’t do anything without the approval of the fair board,” Shelton said.

“We’re really not interested in fighting Langley, but as the county, we are in a no-win situation,” he said.

Shelton hopes the fair board will agree to negotiations with the city of Langley to keep the dispute out of court.

“I continue to push for a negotiated settlement,” Shelton said.

If the fair board is willing to negotiate, the dispute may stop short of a courtroom.

If not, the city is likely to pursue an “eminent domain” condemnation for public use through a legal battle over the land needed for the new Fairgrounds Road.

The commissioners, however, have a limited time frame to respond to the city before Langley’s lawyer will forward the issue to court.

The city’s offer of $12,075 for the property was a preliminary step before the city can legally seek condemnation of the land.

Langley announced in July that it would condemn the stretch of the fairgrounds property on the south end of the property after negotiations with the fair association board over an easement hit an impasse.

City of Langley officials tried for nearly a year to get an easement for the road from the organizers of the county fair. But talks came to an halt after the fair board twice rejected the city’s request.

While city officials claim Fairgrounds Road is necessary to lessen traffic and improve safety as the Highlands and other housing developments are built nearby, the fair association board and its supporters want to protect the fairgrounds property. Fair supporters say a piece of the fairgrounds camping area could be cut off from the rest of the fair and become unusable.

Finally, last Friday, the city made an offer to buy the stretch of the Island County Fairgrounds that’s needed to build a new road between Langley and Al Anderson roads.

The offer includes new gates and fencing in the areas affected by the construction.

If the offer is again rejected, the city can take the matter to court and attempt to get the land condemned for public use.

Hope is on the horizon, though.

The fair board decided at its last scheduled meeting in early September to have discussions with the county, said Dan Ollis, fair association chairman.

“The fair board is still waiting for the information that was shared with the county commissioners by the city. The fair board has not met to discuss the recent letter drafted by the city. So I cannot officially give you any comments,” Ollis added.

The fair association board will have a meeting next week to discuss its next steps.

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