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NIBCA vs. City of Hayden Lawsuit

“Allowing the District Court’s determination to stand could lead to a windfall to developers at taxpayer expense.” (Idaho Supreme Court.) 

The Supreme Court heard oral arguments back in August of 2018, and handed down its decision last month on December 28th 2018 concerning the NIBCA lawsuit against the City for what they argued were illegal sewer fees.  The court found that the District Judge errored in not allowing in the FCS study which supports the City’s position that the CAP/Connection fee was reasonable.  For that reason and others the Supreme Court invalidated the award of $729,403.58 plus interest and attorney fees of $219,707.77 and sent the matter back to the District Court with directions to consider the FCS study and other information brought forward by either party to determine the reasonableness of the fee.  At this time there is no amount of money due to either party.  If Hayden can show that the CAP Fees were collected, allocated and spent in support of its sewer system it will establish that the fees were appropriately charged. Allowing the City to present evidence that now supports the 2007 CAP Fee does not offend notions of fair play and justice. The Supreme Court said that, “Allowing the District Court’s determination to stand could lead to a windfall to developers at taxpayer expense.”