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NICAN delays bypass injunction

| July 8, 2008 9:00 PM

SANDPOINT — The North Idaho Community Action Network is pushing back its request for a federal appeals court to rule on an emergency injunction to halt construction of the U.S. Highway 95 bypass.

“We thought it was good give the court more time,” said Liz Sedler, executive director of NICAN, which is fighting the proposed Sand Creek Byway in order to protect Sandpoint’s waterfront.

NICAN initially asked the court for a decision on the injunction by last Tuesday, but it is now asking the court to take the matter up by this Friday. Sedler said the decision was made after the Idaho Transportation Department confirmed it would not be starting construction on the $98.4 million project this week.

The Idaho Transportation Board awarded the bid to Parsons RCI last month, clearing the way for construction to start this summer.

NICAN is appealing a U.S. District judge’s dismissal of a lawsuit against the Federal Highway Administration’s approval of the project. The appeal is pending in the U.S. 9th Circuit Court of Appeals.

The injunction seeks to stay construction until a ruling is made on the appeal.

NICAN contends the project violates the National Environmental Policy Act and other federal regulations. The group argues in court documents that the bypass will transform Sandpoint’s picturesque waterfront into an elevated, three-lane interstate.