SilverWing suit bound for 1st District Court
KEITH KINNAIRD/Hagadone News Network | Hagadone News Network | UPDATED 10 years, 10 months AGO
SANDPOINT - SilverWing at Sandpoint's federal lawsuit against Bonner County is being redirected to Idaho's state court.
U.S. District Judge Edward J. Lodge ordered on Wednesday that the matter be shifted out of federal court because none of SilverWing's claims under federal law survived Bonner County's motion for summary judgment last fall.
"Because the remaining state law claim raised by plaintiffs in this matter is grounded soundly in Idaho law, the court finds as a matter of comity that the state law claim should be addressed by the state court," Lodge wrote in a three-page order.
The order remands the case to Idaho's 1st Judicial District for further proceedings. Both parties had previously advised the federal court that they want to try the case before a jury.
SilverWing and the county called for the trial after alternative dispute resolution efforts failed in the wake of Lodge's ruling on the summary judgment motion in November. Counsel for SilverWing said the company would be willing to mediate only if the county brought $5 million in compensation to the table, which the county refused to do.
SilverWing, the developer of a fly-in housing project next to Sandpoint Airport, sued the county in 2012. The company alleged that it was misled about plans to relocate a runway and Federal Aviation Administration approval of through-the-fence access agreements.
SilverWing argued state law claims that the county breached the covenant of good-faith dealing and detrimental reliance, in addition to federal claims of inverse condemnation and violation of equal protection.
Lodge granted the county summary judgment on all the claims except detrimental reliance claim, also known as primary estoppel. Lodge ruled that SilverWing reasonably relied upon the county's assertions to its economic detriment.
The Bonner County Commission released a statement expressing satisfaction with Lodge's remand order.
"We are confident in our state court judges and their ability to weigh the law and the evidence, and even more confident that, when they do, they will dismiss SilverWing's remaining claim just as the federal court dismissed SilverWing's first three claims," the brief statement said.
ARTICLES BY KEITH KINNAIRD/HAGADONE NEWS NETWORK
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