Issues leading up to March 29th, 2012

The city of Idaho Falls issued a statement to the Post Register indicating Judge Schindurling refused to grant a restraining order sought by APR.  That statement was not true.  To clarify we have issued the following statement from our legal counsel:

'Judge Schindurling did not refuse to grant the TRO, he concluded that he had a conflict of interest that would prevent him from deciding the case.  Judge Schindurling referred the case to Senior Judge Richard St. Clair, and entered an order on March 9 requiring the City to appear before Judge St. Clair on March 26 to show cause why a preliminary injunction should not be entered against the City.  The Alliance discontinued its pursuit of an immediate temporary restraining order because the City agreed to not take any action against the Plaintiffs’ properties until after Judge St. Clair could make a decision on a preliminary injunction.  On March 22, a few days before Judge St. Clair could hold the “show cause” hearing, the City requested the federal district court to take over the case.'

The city asked that the issue be moved to federal court because they believe it is a federal issue.  We disagree with that opinion instead believing this is and will remain a state issue.  However, we did not object to the request and the case will now be in federal court under the jurisdiction of Judge Windmill.  It simply appears the city wanted the case moved in an attempt to avoid the bad press they will receive through the trial process. 

We at APR continue to be concerned for the rate payers of Idaho Falls power.  This case could result in a substantial financial burden to the city which in turn will be passed onto the ratepayers.  We are hopeful that the city will look to other options that are available.

PRESS RELEASE

MARCH 12, 2012

ALLIANCE FOR PROPERTY RIGHTS AND FISCAL RESPONSIBILITY

On March 8, 2012, attorneys representing the Alliance for Property Rights and Fiscal Responsibility (APR) met with Judge Schindurling (District Court of the Seventh Judicial District of the State of Idaho in and for the County of Bonneville) to file an Application for a Temporary Restraining Order .  The APR is challenging Idaho Falls Power (IFP) and the City of Idaho Falls in their determination to take control of land outside of their jurisdiction and condemn a right of way for the construction of a 161kv transmission line.  As a result of this meeting, Judge Schindurling has ordered the City of Idaho Falls to appear on March 26 to show cause why it has authority to proceed with a condemnation of county property, and if any such authority exists. 

This legal action was determined to be necessary by APR to protect property rights not only of those who would be affected by the proposed North Loop Transmission Line, but also to provide Bonneville County residents the ability to safeguard their homes and farms from the threat of condemnation by the City of Idaho Falls.   The Alliance has tried to cooperate with Idaho Falls Power in providing ideas of alternate routes so that city resident’s power needs can be met.  These alternate routes have been dismissed by HDR, the engineering firm hired by the City to work on the project. 

The North Loop Project has created an ongoing conflict between Idaho Falls Power and landowners along the proposed route.  Recently, property owners were advised by IFP that if they did not agree with the purchase agreements proposed by the City by March 9, 2012, they would consider the negotiations to be at an impasse.  This suggestion of eminent domain and condemnation resulted in the recent court filings.

For further information about protecting your private property or if you would like more details of the impending court actions, please contact the Alliance for Property Rights and Fiscal Responsibility at protect.property.rights@gmail.com.