DALTON GARDENS - City of Hayden building official Robert Wuest has more than ruffled the feathers of neighbors of a home he owns in Dalton Gardens.

Wuest, who also happens to be the Dalton Gardens Irrigation District water master, might be abusing his power for financial gain, neighbors are complaining. He didn't return messages seeking comment for this story.

For example, the neighbors cite a pole building he is having constructed.

The building was being constructed taller than the 25-foot height limit allowed for accessory structures in Dalton Gardens. The building, which is still being finished, had to be lowered. But not without incident.

It only dropped below the limit after being "red-tagged" by Kootenai County Fire and Rescue, which performs the duty of building inspections for the city of Dalton Gardens.

Second, the neighbors claim Wuest has been using an irrigation district backhoe for work on the property, which is on the 7700 block of Mt. Carrol Street.

One neighbor, Robin Micheletti, filed a formal complaint to the irrigation district's three-member board of directors. Micheletti, who freely admits he is no fan of Wuest, also went before the board at a meeting this month.

"He's the irrigation master, and he's using their equipment to enrich himself," said Micheletti, who lives across the street from Wuest's property. Micheletti, whose front porch faces Wuest's new pole building, has been living in his current home for 25 years.

Micheletti said in an interview that Wuest put in at least 30 hours on the backhoe this summer on Wuest's personal property, knocking down a couple wood barns and doing some digging.

"According to the board members, they didn't know he was using it," Micheletti said.

Next-door neighbors Carlyn and Tom Dickerson got so frustrated that they confronted him.

"I said, 'When are you going to stop using city equipment?'" Carlyn Dickerson said. "He said, 'I don't have to explain anything to you or anybody else.'"

She said her husband followed someone taking a backhoe from Wuest's property back to a place the Dickersons believe irrigation district equipment is stored in Dalton Gardens.

"He's been using it off and on since May, whenever he wants something done," said Carlyn Dickerson.

The Press filed a public records request with the irrigation district to uncover any documents related to the allegations.

The district's attorney, Malcom Dymkowski, responded to the inquiry. He said it is now a personnel matter and refused to provide any records.

Dymkowski said because a formal complaint was filed the district board must handle the situation as a personnel matter.

"Any documents that you request," Dymkowski told a Press reporter, "cannot be released by state law unless there's written authorization from the employee."

Dymkowski declined to say if the backhoe seen being used by Wuest is property of the irrigation district. The irrigation district's secretary, Luella Franklin, said the irrigation district does own a backhoe. Franklin is the wife of Mayor Dan Franklin, and is Wuest's sister.

"The board will have to determine how it's resolved," the attorney said. Wuest serves at the pleasure of the board.

As for the pole building, The Press was able to obtain more information.

Cheri Howell, Dalton Gardens city planner, said she received a complaint from a property owner that the pole building was too tall.

She reviewed the building permit application and found that, "on the face of it," the building was to be 16 feet high, but that didn't include the roof for some reason.

The building was being constructed to 27 feet, topping the limit, she said.

Howell contacted Kootenai County Fire and Rescue.

"It is my understanding that there was a red tag placed on the actual structure and Bob was contacted," Howell said. "The red tag was ultimately lifted and the building was lowered."

"There was an issue, and it got worked out," said division chief Dan Ryan, of Kootenai County Fire and Rescue.

Ryan confirmed a stop-work order was placed on the building this summer because it exceeded the appropriate height for accessory buildings.

Micheletti, from his front yard and porch, said he watched as the building was tagged, untagged and tagged again. He said it wasn't a quiet misunderstanding.

He said at one point the red tag was torn down, and another time some plywood was placed over the top of the tag and work resumed on the structure.

"He didn't want anybody to see he had a red tag on his building," Micheletti said.

He said he watched as the building inspector showed up and asked where the red tag had gone.

He said he overheard someone say the "lawyers would work it out."

The lawyers did get involved, according to documents obtained by The Press through a public records request.

Ken Jacobsen, the city of Dalton Gardens' attorney, said in a letter to Wuest's attorney, Susan Weeks, that her client shouldn't be having these kinds of difficulties.

"I might also point out that your client is a Building Inspector for the city of Hayden and is thus really an expert or person who should know the building codes and ordinances," Jacobsen wrote in a July 28 letter. "I really question whether a person such as your client would be looked upon the same as a lay person when determining 'justifiable reliance.'"

Two days later, in an email to Weeks, Jacobsen wrote again addressing Wuest's building.

"We all think that lowering the building below grade and then measuring from grade to the top of the building (less than 25 feet) would work," Jacobsen wrote. "This in no way considers building any berm around the building to change grade."

Weeks responded: "(Wuest) did intend to berm and measure from berm, not sink the foundation. He said given the grade of the road and topography of the surrounding terrain that would not work because it would flood."

She added that she had run out of possible solutions.

"Do you have any suggestions outside of litigation?" Weeks wrote.

The rules for height are clear. The city's height restriction ordinance states: "Structure height is measured from natural grade to the highest point of the structure."

"This is the very, very, first I have heard about this at all," Hayden City Administrator Stefan Chatwin said Thursday. "It's certainly concerning to me."