Legal opinion released regarding Tech Market

COEUR d'ALENE — An attorney specializing in urban renewal law said ignite cda could help financially the proposed Coeur d'Alene Tech Market with operating space needs, but would have to approach it the right way.

Ryan Armbruster, of the Boise-based law firm Elam & Burke, was consulted by ignite cda on whether the agency could legally provide rent money for the Tech Market in a privately owned space. The partners looking to establish the Tech Market had eyed an 11,000-square-foot space at Riverstone, but they are searching for a different location after some controversy was stirred up relating to the Riverstone location.

Armbruster didn't give a bottom line yes-or-no answer to the question of spending urban renewal money on rent for a space like the one at Riverstone.

But Armbruster, who has been helping the agency with legal matters for years, wrote in his answer that if a plan was structured properly it would be permissible for the agency to help the Tech Center with space needs. Though it wasn't what was proposed by the partners, Armbruster wrote that ignite cda could lease space and turn around and sublease it to the Tech Market.

The Tech Market partners include the University of Idaho, Gizmo-cda and Innovation Collective.

"Because of the fluid nature of the initiative, we are not providing a specific opinion on a particular form of the initiative," Armbruster wrote Friday. "However, properly structured, we believe the initiative is permissible under Idaho Code."

"We kind of knew that all along," ignite cda Executive Director Tony Berns said Friday. "We wouldn't bring something in front of the board if it wasn't permissible."

Armbruster does legal work for urban renewal agencies throughout Idaho.

Coeur d'Alene Mayor Steve Widmyer, who is on ignite cda's board of commissioners, said in an email that Armbruster's guidance amounts to one attorney's opinion. Widmyer opposed using ignite cda money to pay rent at Riverstone, saying it would be illegal.

Widmyer said Armbruster's opinion doesn't specifically address the proposal the board heard a couple weeks ago. That included $90,000 annually in rent for the Riverstone space that at one time was to be filled by a Barnes & Noble bookstore. The partners also wanted $100,000 for equipment.

"It speaks in very broad, general terms," Widmyer said of Armbruster's opinion. "I stand behind a different legal interpretation that the tech proposal as presented does not follow the plan of the River district."

Coeur d'Alene City Councilman Dan Gookin said Armbruster didn't answer the specific question everyone wanted to see nailed down.

Gookin found the answer to be too sweeping.

"His answer is broad enough that urban renewal could conceivably fund any activity," Gookin said.