Idaho Supreme Court to hear North Idaho Building Contractors Association and Termac Construction v. City of Haven
The Idaho Supreme Court will hear the case of North Idaho Building Contractors Association and Termac Construction Inc. v. City of Hayden at 11:10 a.m. Wednesday, Aug. 15.
The city of Hayden is appealing the decision of the District Court of the 1st Judicial District in Kootenai County, which foud that a 2007 sewer capitalization fee the city enacted is an impermissible tax and and taking of property in violation of the federal takings law.
"The city of Hayden appealed, raising six issues: (1) whether the district court erred when it refused to consider new evidence on remand concerning the reasonableness of the cap fee; (2) whether the district court abused its discretion when it imposed arbitrary damages; (3) whether the district court erred when it ruled that NIBCA’s federal claims were not barred; (4) whether the district court erred when it rejected the city’s equitable defenses; (5) whether the district court committed error when it entered judgment in favor of NIBCA and awarded NIBCA costs and attorney fees; (6) and whether the city is entitled to attorney fees on appeal," the court states.
Idaho Supreme Court case number 45181