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SilverWing sought $5 million settlement

KEITH KINNAIRD/Hagadone News Network | Hagadone News Network | UPDATED 10 years, 11 months AGO
by KEITH KINNAIRD/Hagadone News Network
| January 7, 2015 8:00 PM

SANDPOINT - Correspondence between attorneys in SilverWing at Sandpoint's lawsuit against Bonner County indicates the company would settle the matter if the county paid at least $5 million in damages.

Commissioner Mike Nielsen said the company made the $5 million settlement offer after a majority of SilverWing's claims were dismissed in U.S. District Court. SilverWing member Mike Mileski said a settlement was discussed, but denied that a cash figure was part of that discussion.

However, correspondence obtained by the Bonner County Daily Bee indicates a sum was discussed in conjunction with the prospect of alternative dispute resolution.

SilverWing's counsel, Debora Kristensen, said in a Dec. 5 letter to the county's counsel that she is open to reviewing any settlement offers proposed by the county.

"However, we will only delay trial and pursue ADR if the county commits to working toward a cash settlement that compensates SilverWing for its significant damages, which exceed $5,000,000 per Erick West's expert report," Kristensen said in the letter.

Those damages apparently result from lost sales of hybrid hangar homes at the development next to Sandpoint Airport.

SilverWing's suit alleges a breach in the covenant of good-faith dealing, inverse condemnation and denial of equal protection under the law. Those claims were dismissed last November, after the county moved for summary judgment.

One claim for damages survived the motion, however. That claim involves promissory estoppel, also known as a detrimental reliance.

SilverWing argued that it reasonably relied on the county's representations that there were no plans to change a runway's location or Federal Aviation Administration issues with through-the-fence access agreements. Judge Edward Lodge found that SilverWing reasonably relied on those representations to its economic detriment.

A jury trial date is pending.

ARTICLES BY KEITH KINNAIRD/HAGADONE NEWS NETWORK

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