SANDPOINT - SilverWing at Sandpoint intends to appeal the denial of its federal claims against Bonner County to the 9th U.S. Circuit Court of Appeals.

The expectation of a federal appeal is noted by both parties in court documents as the county and SilverWing joust over attorney fees and the case transitions from federal court to state court.

SilverWing, the developer of a fly-in housing project on the west side of Sandpoint Airport, filed suit against the county in 2012 in U.S. District Court. The suit alleged that the county misled SilverWing about plans to relocate a runway and Federal Aviation Administration approval of through-the-fence access to airport grounds.

SilverWing argued the county violated the covenant of good-faith dealing, inverse condemnation and denial of equal protection under the law.

But Judge Edward Lodge dismissed those claims last November. The court ruled that the county had no choice but to comply with FAA regulations concerning runway-taxiway separation and through-the-fence access.

Lodge left standing a claim of promissory estoppel, also known as detrimental reliance, and remanded the case to Idaho's 1st District Court for adjudication.

Bonner County moved for the award of $1.2 million in attorney and expert fees because it prevailed on the federal claims, court records indicate.

SilverWing is opposing the awarding of fees.

"This court has yet to enter a final judgment in the case. However, SilverWing intends to appeal the dismissal of its federal claims, and the covenant of good faith and fair dealing claim, to the Ninth Circuit Court of Appeals. At the same time, SilverWing is fully prepared to proceed to trial in state court on its promissory estoppel claim," Debora Kristensen, SilverWing's counsel, said in a brief.