Boise City’s legal department and Team Dave have preserved their losing record on high profile civil cases with yet another courtroom defeat.
The city earlier this year sued Ada County over the approval of the Avimor planned community on Highway 55. Judge Duff McKee dismissed the city case Thursday saying they had “no standing” in their claim the county broke the law when the project was approved. McKee ordered the city to pay the county for costs associated with defending their actions in court.
Commish Chairman Rick Yzaguirre said, “Clearly Judge McKee found the claims filed by Boise leaders to be baseless.”
This is part of the pattern established by the Boise legal department–chasing and losing legal action at taxpayer expense.
Recent notable actions:
–Boise lost an Idaho Supreme Court case in their quest to build an airport parking garage without voter approval. In addition to the expenses of staff and office operation, they had to pay about $22,000 to the GUARDIAN editor’s legal staff.
–They lost to the 10 Commandments coalition when the Idaho Supreme Court declared the city violated the law not allowing the question of replacing a monument to be on the ballot. It was subsequently placed on the Nov. 7 ballot and was defeated.
–Boise has spent nearly $250,000 in the past five years for outside “bond counsel” and NEVER passed a bond. They did sell certificates to finance the airport terminal and that would be illegal today.
In another expensive and probably unproductive legal move, Boise is steadfastly spending thousands upon thousands of dollars chasing after those “dirty trick political phone messages” during the Mayor’s race three years ago. Conservative activist Laird Maxwell has claimed he is the sole perpetrator of the calls which had a message against candidate Chuck Winder.
The issue in that matter was over identification of who funded the calls and whether or not they were “advocating” a particular candidate. The GUARDIAN send a formal request to the spokesperson for Team Dave, but neither the mayor or city attorney’s office has responded.
Attorneys on the other side tell us they are “baffled” about the city’s motivation to pursue something that even if proven may not be against the law.
Finally, look for the city to be on the losing end of a fight with the Ada County Highway District over Ustick Road. That decision is expected by December 1 and the attorney general has already issued an opinion which favored the ACHD.
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