Sandpoint Council Is For Real State Rules Election Legal Despite Annexation Mess

The City Council ended its self-imposed lame duck status Wednesday after the state attorney general’s office assured members they had been legally elected.

The council has been in limbo for nearly a month - since a judge ruled the city’s annexation of 750 acres was invalid.

The ruling meant residents who now once again live outside the city limits helped elect a new mayor and four council members.

Since the ruling, the council declined to take any official action, fearing they weren’t legal representatives of the city.

One council member, Valle Novak, was elected from the annexed area. She resigned the day after the judge’s ruling, since she no longer resided in the city limits.

But this week a written opinion from the attorney general’s office, the city’s attorney and a lawyer from the Association of Idaho Cities convinced the council to carry on with official business.

Deputy Attorney General Thomas Gratton said the election was valid since no one contested the results.

Residents have 20 days to challenge election results. Since that wasn’t done, Gratton said the election was legal.

“I’m willing to accept the fact that the votes counted and the election was valid,” said Councilman Ray Miller, who lost a bid for mayor in the 1995 election.

“But we need to be consistent. If the people were qualified to vote, they were qualified to pay taxes and we shouldn’t be giving them a refund,” Miller said.

The city has had requests for property tax refunds from some of the 290 residents who were forcibly annexed. The council voted 4-1 Wednesday, however, not to honor those requests or refund any of the nearly $79,000 collected.

“Clearly, of all the annexation issues this is the toughest one to decide,” Mayor David Sawyer said.

He argued that the city provided 19 months of police, fire and other services to the annexed area, yet only billed them for 12 months. He opposed any refunds, as did Councilman Michael Boge.

“I understand why they want a refund, but we provided services and acted in good faith,” Boge said, adding he was still angry at how the previous administration handled the annexation.

The only dissenting vote was from Francis Ogilvie, who wanted to give residents a partial refund.

Some residents at the meeting threatened to sue the city for their tax dollars.

“We had fire and police protection before being annexed. You did away with it, and we paid a premium for services we already had,” said resident Bob Taylor. “We were annexed under protest and forced to accept your services …”

What miffed most residents: Those who paid taxes under protest or declined to pay them at all will get their money back.

The county has agreed not to collect delinquent taxes from about 42 people in the annexed area. Two residents who paid under protest will also get a refund.

“It seems that people who acted in good faith and paid what they owed are being treated shabbily in this arrangement,” said one resident. “Does everyone have to file a lawsuit to get what they are owed?”

Also Wednesday, the council decided not to challenge the judge’s ruling voiding the annexation. Sawyer said such an appeal would be costly and time-consuming, and the city has only a slim chance of winning.

, DataTimes