Highway Decision Deferred Commissioners Take No Action On District Dissolution Petition

The controversy over Sandpoint’s streets will have to wait until at least next year for a resolution.

Facing a testy crowd, the Bonner County Commission listened to testimony for 1-1/2 hours Saturday before doing nothing to solve the Sandpoint Independent Highway District quandary.

The commission called the special meeting to discuss a Friday decision by 1st District Judge James Judd. The judge found a legal flaw in a petition seeking a vote to dissolve the highway district - which is the only one in Idaho inside a city’s limits.

“I’m here to request that you get the Sandpoint Independent Highway District off our back,” said resident Dick Wolff, who joined a crowd of 25. “The people want this gone.”

Judd ruled in November that Sandpoint’s new street department - and not the highway district - has jurisdiction over maintaining and building its own streets.

Because the city and highway district share virtually the same boundaries, it leaves the highway district with taxing authority and nothing to do.

However, outgoing Commissioner Dale Van Stone said, “There is a need for this highway district to exist.”

Resident John Nichols told the board that he wanted them to address the single item in the petition that Judd didn’t like and to let the election proceed.

“There is a lot at stake here that I don’t think can be determined in this hasty meeting,” Nichols said. “You are taking away our opportunity to finish this up.”

In his Friday ruling, Judd said the petition for the election was fine except that it listed Sandpoint as the “succeeding operation unit.”

Those are legal terms meaning that Sandpoint would get any assets from dissolving the highway district - which Judd said is an illegal position for any city government under Idaho law.

Sandpoint City Attorney Jerry Mason suggested simply replacing “Sandpoint” with “Bonner County” to receive the district’s assets and sending the petition back to Judd.

“The process has been followed appropriately. The judge found fault with this one issue. It should be allowed to go to the voters,” Mason said to applause.

Commissioner Bud Mueller made a motion to follow Mason’s advice, but it died for lack of a second from either Van Stone or Commissioner Brian Orr.

Bonner County Attorney John Topp said Mason’s solution may sound simple, but the courts would probably reject it because county residents outside Sandpoint were not included in the process.

Becoming frustrated with the discussion, Nichols pointed out that state law would make residents wait a full year before bringing a new, “corrected” petition.

“There is nobody else but the county to deal with this issue. If you don’t want to, maybe we need to find somebody who will,” Nichols said.

In the end, that is exactly what the board did. By postponing a decision, the issue will now be handled by new commissioners Tom Suttmeier and Jerry Clemons, who take over next month for Mueller and Van Stone. They will have to decide whether to appeal Judd’s decision, do away with the petition or try to fix the flaw and send it back to Judd for approval.

This sidebar appeared with the story: DECISION DELAYED What’s next

Incoming commissioners Tom Suttmeier and Jerry Clemons will have to decide whether to appeal 1st District Judge James Judd’s decision, do away with the petition or try to fix the flaw and send it back to Judd for approval.