Verdict sought in SilverWing suit

SANDPOINT — Attorneys representing Bonner County moved Friday for a directed verdict in a civil suit filed by the developers of a fly-in residential housing project next to Sandpoint Airport.

The developers of SilverWing at Sandpoint argue they were misled by county officials over the location of a new runway and Federal Aviation Administration approval of an agreement that would grant owners of hanger homes through-the-fence access to airport grounds.

SilverWing began developing the project in 2006 and invested more than $6 million in improvements before learning of the runway shift and FAA’s opposition to residential uses adjacent to a public, general aviation airport.

SilverWing filed suit in U.S. District Court in 2012.

In addition to being misled, counsel for SilverWing further argued that the county violated the developers’ rights via inverse condemnation and equal protection under the law. The county moved for summary judgment arguing that the federal law claims should be dismissed because it was acting in compliance with FAA that preempt state law. The county also argued that there were no civil rights violations because there was no showing the county had a custom or practice that drove the alleged constitutional violations.

U.S. District Judge Edward Lodge granted the county summary judgment in 2014, but left standing a state-law claim of promissory estoppel, also known as detrimental reliance.

Lodge’s ruling remanded the case to Idaho’s 1st District Court. A Bonner County jury began hearing the case this week.

Paul Fraidenberg argued on Friday that county officials’ representations about the runway and FAA held no weight because they were not made by elected county commissioners in an open meeting. Moreover, the representations would have been unenforceable because they would have created a liability which extends beyond a single fiscal year, which is impermissible without a two-thirds vote of the public. Fraidenberg also argued that the four-year statute of limitations governing oral agreements had lapsed.

Counsel for SilverWing, Amber Dina, countered that promises were made by county officials who had apparent and actual authority to make them and that those promises were broken after the parties’ entered into the through-the-fence agreement.

Judge Richard Christensen may rule on the motion for directed verdict, which was taken up outside the presence of jurors, on Monday. If the county prevails on the motion, the case would be decided without further proceedings.

Bonner County has spent over $1 million defending itself in the litigation. Officials contend an aggressive defense is warranted because an adverse verdict could cost taxpayers up to $20 million in damages.