Two citizen groups that took Ada County to court over its partnership with Dynamis Energy to build a waste-to-energy plant at the landfill have withdrawn their lawsuits now that the county has officially terminated the project.
Idaho Citizens for a Safe Environment and Transparent Government filed its lawsuit in November claiming the county violated several state laws, including one that prohibits counties from loaning money to businesses.
The Idaho Conservation League also filed its court challenge in November alleging the county’s decision to lease land to Dynamis without a public auction and to create an industrial park on county land for the Dynamis’ facility violated state law.
Ada County Commissioners Dave Case, Jim Tibbs and Rick Yzaguirre on Feb. 19 terminated the county's contract with Dynamis to construct and operate garbage gasification plant.
Commissioners Fred Tilman, Sharon Ullman and Yzaguirre approved the project in 2010 without a public hearing — one of the points that angered opponents of the county's public/private partnership.
As part of its separation deal with Dynamis, the county agree not to seek repayment of the $2 million Ada County paid Dynamis two years ago to design the project. It also agreed not to pursue other litigation against Dynamis, and Dynamis agreed not to take legal action against the county for the $70 million it claims it could be out if the plant is not built.
"While the plaintiffs are very happy indeed that the Dynamis project will not be built, and greatly appreciate the actions taken by Commissioners Case and Tibbs to bring about that result, they wholeheartedly disagree that the many issues raised in the lawsuit concerning the past conduct of the Board of Commissioners are moot," wrote Idaho Citizen's attorney Andrew Schoppe in a letter to the county's attorney.
In its letter, the group outlined a series of questions and issues, requesting that the county "review what went wrong under the prior regime and to take measures to avoid such disasters in the future."
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