County
Dynamis Project Faces Court Challenge
November 8, 2012 
After months of sabre rattling, the group opposed to the Dynamis trash to energy project at the Ada County landfill has filed a lawsuit in Fourth District Court challenging the legality of the project.
You can read the 59 page COMPLAINT in its entirety, but it boils down to six allegations from Idaho Citizens for a Safe Environment and a Transparent Government, Inc.–mostly about procedures and projected pollution levels. It was filed Thursday.
Not to beat a dead horse, but the big issue as we see it was the $2 million loan which is clearly prohibited by the Idaho Constitution article VIII, Sec 4.
Thursday evening protestors gathered at the Ada Courthouse waving signs opposing the Dynamis project in advance of a 6 p.m. public hearing of the Ada County Planning and Zoning Commission.
At the meeting a letter from the City of Meridian was read into the record. Meridian officials urged the Ada Board of Commissioners to follow the public process, conduct a feasability study, and hold public hearings. The P&Z hearing has no official standing. The P&Z commishes are merely an advisory board to the county commishes who have already claimed no public hearing is required.
The meeting was a festive affair with each speaker getting loud applause. Meanwhile children lounged around on the carpeted meeting room playing with electronic devices or doing homework for school projects.
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Comments & Discussion
Comments are closed for this post.
Nov 8, 2012, 3:34 pm
My personal gratitude to this group for its “public watchdog” role. Thanks.
Nov 8, 2012, 3:49 pm
The article VIII argument is put forth in the first cause of action.
EDITOR NOTE–And that will be the item that gives “standing” to the group. Both Idaho and U.S. Supremes have ruled to give standing to citizens when the constitution is in question.
Nov 8, 2012, 5:21 pm
Agree with Grumpy. I am deeply grateful to these folks and their attorney. Recall that there is a public hearing tonight, 11/8, with P&Z, Ada County Court House, 6 pm.
Nov 8, 2012, 5:37 pm
More importantly we are asking the court to declare the Dynamis project “to be both illegal and illegally entered-into, null, void, against public policy, against the public interest and unenforceable.”
And yes, that $2 million… what was it Yzaguirre said? Oh yes… it is “a learning experience.”
We certainly learned a lot!
Nov 8, 2012, 6:33 pm
Why do we continue to have to “learn” about the arrogance of Mr. Yzaguirre?
Nov 9, 2012, 8:16 am
One has to wonder why Scott Turlington and Ron Williams were not there defending their clients
Nov 9, 2012, 10:55 am
Thank GOD for these concerned citizens putting this atrocity in court. This assault on the constitution as well as on the
health and well-being of Ada denizens has to be STOPPED.
Nov 9, 2012, 1:29 pm
When is someone going to start calling for the resignation of the P&Z Staff responsible for aiding the commissionors in this debaucle. They played a larger role in this than some may know. Someone needs to start looking at the newly appointed director Meg Leatherman, her assistant Chris Ragland, and the P&Z administrator Mark Perfect. All appointed by Sharon Ullman
Nov 9, 2012, 4:32 pm
How the heck does one commissioner member get to appoint 3 people on the p&z commission?
Nov 10, 2012, 8:01 am
To my understanding Meg Leatherman and her underlings are not P & Z . Meg L. Is head of county Developemental Services. Yes, she did do everything possible to muzzle and silence county engineer Jim Farrens for having the integrity to do his job and recommend the county have a independent third party evaluate the project. She was in tough spot and chose to side with her boss Ullman. Bad choice Meg L., you forgot that your ultimate responsibility is to the citizens of Ada County.
Nov 10, 2012, 7:31 pm
Anyone can run for an office whether they are qualified or not for the position. Then they make and change the rules, give their friends jobs who may or may not be qualified, give money away, make any purchases, no controls …. all with taxpayer dollars.
Ullman gave her friend Leatherman the Director position. Was she qualified? And Ullman also gave Rich Wright his position as county manager/administrator. Qualified? Necessary? And others.
And what is with the prosecutor putting through anything Ullman wants, whether legal or not? Will the state bar check on this?
And the county auditor says he has no internal control, what is with that? He just issues whatever checks submitted to him? Maybe the state controller can check them out, like other states. The outside auditor the county hired is involved in some illegal stuff so it is all a big mess.
Well, Christmas is a comin’ and their goose is gettin’ fat … or cooked. But we can all give thanks we are getting 2 newly elected, hopefully honest, county commissioners.
Nov 10, 2012, 9:50 pm
I know that Sharon has appointed many unqualifide people under her watch. People who in turn are unethical and lack any bit of integrity. Black eye for Ada County for sure. The new commishes would be well advised to do some major house cleaning when they get to town.
Nov 11, 2012, 10:26 am
One commissioner has no power. Anything done was based on votes of Tilman, Ullman and Yzaguirre or later Ullman and Yzaguirre.
Nov 11, 2012, 1:30 pm
What does Ullman have on Yzaguirre? He votes however she tells him to. Something weird there. Been that way for a while, since before Vern left.