A judge this week upheld a lawsuit against the City of Dalton Gardens by a citizen group that alleges the city violated its own ordinances when it allowed a backyard subdivision.

In a written order filed Wednesday, First District Judge Lansing Haynes said he wouldn’t dismiss the suit by Save Dalton Gardens because the city’s argument that the statute of limitations had run out, and that a previous judge had already upheld the city’s agreement with the Streeters, were not valid.

Haynes in his decision said the statute of limitations were not an issue in the case, because the initial subdivision of the Streeter property was not legal.

“The court agrees with (Save Dalton Gardens) because what they are challenging is the legality of Dalton Gardens issuing a certificate of non-conforming use where a subdivision was not lawfully created under the laws,” Haynes wrote.

Haynes also ruled that a mediated agreement between the Streeters and the city to allow the Streeters four lots instead of five was not binding by the court, contrary to claims the city circulated in flyers before a city-wide recall election.

“The court did not enter a judgment,” Haynes wrote.

The decision comes after a citizen-prompted recall election three weeks ago that left Dalton Gardens without a mayor and minus two council members.

At Thursday’s city council meeting Tyler Drechsel, a Northern Lakes fire chief who was chosen by the governor to fill a seat on the Dalton council, took his oath of office.

The three council members, including Scott Jordan and Jamie Smith, said the council will begin accepting application letters from residents who want to fill the remaining mayoral position.

Longtime Dalton Mayor Steve Roberge was ousted by voters along with council members Joe Myers and Denise Lundy.

The City of Dalton Gardens will begin this week soliciting applications for mayor. Dalton property owners who live inside the city and are interested in the position should submit a letter of intent, a resume and references to the city clerk at City Hall, 6360 N. Fourth St., Dalton Gardens, ID 83815.

Once a mayor is selected, the new mayor will select the final council member. The three positions added since the recall will stay in office until the next election.