Island County commissioners’ decision to vacate a portion of a public right-of-way south of Oak Harbor drew opposition from Wright’s Crossing LLC, a company that has long been attempting to develop ​​250 acres of farmland near the area.

The commissioners’ action followed a public hearing during their April 5 meeting. North Whidbey landowner William Massey petitioned for the vacation in 2017 because the county’s right-of-way near Miller Road bisects a lot he owns and plans to develop.

Julie Herber, representing Wright’s Crossing, spoke during the hearing, telling commissioners that vacating the right-of-way would cut off access to land owned by Wright’s Crossing, a total of around 250 acres.

“The county cannot give away county-owned land without just compensation,” she said. “In fact, the county can’t give away county-owned land in favor of one land-owner over another at all.”

Wright’s Crossing developer Scott Thompson has long planned to build a moderately-priced housing community of around 1,500 homes on the property, but the area would have to be annexed into Oak Harbor to allow that level of density. In 2017, county commissioners declined to include a proposed expansion of the city’s urban growth area in the county’s annual planning docket, a prerequisite for annexation.

Wright’s Crossing has appealed the county’s decision five times, all unsuccessfully.

Herber claimed the county’s right-of-way, which extends past a bend in Miller Road, is the only access point to the Wright’s Crossing property. County commissioners refuted this claim, noting that the company’s land abuts another portion of Miller Road where multiple access points could exist.

County engineers also found the right-of-way does not provide access to any landlocked lots.

Commissioner Melanie Bacon said the county will retain an easement for all existing and future utilities, as well as the rights of ingress and egress. The only right the county forfeits in the vacation is the possibility of constructing a road there in the future.

“Currently we have the right to build a road some place that we don’t anticipate we would ever want to build a road, and I’m not seeing how that’s in the public benefit for us to continue to have a right to build a road when we have no intention of ever doing that,” she said.

The commissioners voted unanimously to vacate the right-of-way.