NIBCA Sues Hayden Over Cap Fee

The North Idaho Building Contractors Association has filed a lawsuit against the city of Hayden challenging the legality of a fee paid in order to get a building permit. The nonprofit trade association said in the lawsuit, filed last week in 1st District Court in Kootenai County, that a sewer capitalization fee is being used to generate revenue for the city and expand the city’s sewer system. The fee, the organization argued, should only be used to pay for operation and maintenance of the existing system. The lawsuit said the sewer capitalization fee has “dramatically increased” in recent years and is a “disguised tax.” The lawsuit also said the fee was not approved by an ordinary resolution or through a formal procedure. Boise attorneys representing the association didn’t return a message seeking comment Monday/ David Cole , Coeur d’Alene Press. More here.

Question: Whose side are you on re: this lawsuit?