NIBCA confident after court decision

HAYDEN — The leader of the North Idaho Building Contractors Association says the organization remains confident following an Idaho Supreme Court decision last week on NIBCA’s lawsuit against the city of Hayden. The lawsuit centers on the legality of Hayden’s sewer capitalization fees.

In a statement released over the weekend, NIBCA president Shawn Anderson said, “the Supreme Court conclusively found, as has the District Judge, that the City of Hayden erred when it established the Sewer Expansion Fee in 2007 by not following the lawful methodology.”

On Friday, the state’s highest court remanded the lawsuit back to district Judge Cynthia K.C. Meyer and vacated Meyer’s previous award of damages to NIBCA.

Anderson interpreted the decision as meaning that the case had been remanded “to hear additional evidence in order to determine the damages caused by the City as a result of the City’s 2007 Sewer Expansion Fee.”

Anderson said, “While the NIBCA believed the evidence in the record was sufficient to support the $948,000 judgment, it welcomes the opportunity to introduce further evidence before the trial court. NIBCA remains confident that once the final determination is made, refunds can be issued without delay and commits to remain vigilant in its efforts to protect the rights of the citizens of the community of Hayden.”

Anderson also said that the NIBCA lawsuit had pushed Hayden city officials to change course in favor of local businesses.

“As a result of this litigation, business and attitudes at Hayden City Hall have come a long way from the prior administrations,” Anderson said. “The NIBCA hopes that this recent court decision is seen as an opportunity by the City leaders to work with its partners in the building industry and its citizens to continue to promote smart, economical, sustaining growth policies throughout the City of Hayden.”