Saturday, March 27, 2010

City of Kuna Idaho sued over wastewater treatment plant local improvement district

Landowners in the local improvement district that’s funding the new wastewater treatment plant have filed legal appeals against the city of Kuna, according to an exclusive story in this week's Kuna Melba News.
The two appeals challenge the validity of the LID and ask the court to find the LID void and unenforceable.
“The city of Kuna committed fraudulent, coercive and deceptive acts in the formation of the LID,” according to one of the appeals filed by Frank and Cindy Fazzio and their company Idaho Livestock Company LLC. “…and attempting to obtain Appellants’ consent to be included in the LID by telling Appellants that their real property would not be annexed unless they agreed to have their real property included in the LID and further, that if Appellants did not join the LID they would never be able to obtain sewer permits in the future, thereby making Appellants’ real property undevelopable. Further, the city of Kuna represented that without the LID, there were no sewer permits available.”
The two separate appeals were filed late Friday in the Fourth Judicial District Court of Idaho. One filing represents 41 separate property owners totaling 241 separate parcels and about 1,400 acres, or a little more than half of the 2,700 acres in the LID. The other appeal, representing the Fazzios and Idaho Livestock Company, represents about 35 acres.

You can read the rest of this story on Page 5 of this week's Kuna Melba News.


waterguy said...

This is what might happen when a city simply presumes that the one and ONLY way to provide wastewater management services is with the conventional centralized set of hardware, a strategy rooted in the conditions perceived to be paramount in 19th century industrial revolution cities. Isn't it ridiculous to pose that these properties could never get wastewater service by any means, and so could never be developed, unless the city extended the "big pipe" sewers to them, taking the wastewater "away", that it could be treated ONLY at the city's centralized treatment plant? I wonder, are these developers really SO clueless that none of them has investigated how they could -- "organically" growing them you might say -- install decentralized concept wastewater systems for their own developments? Systems that could be implemented on a "just in time" basis, to serve only the imminent level of development, so minimizing up front costs -- and obviating things like the LID fees/taxes over which they are now wasting their money paying lawyers to fight, money they could be spending setting up systems that would be more fiscally reasonable, more societally responsible and more environmentally benign than the "big pipe" centralized system. Systems that would be organized to best suit the needs of developments in the urban hinterlands in the 21st century, not the core of 19th century industrial revolution cities. Systems that could maximize the reuse value of the water to serve non-potable demands within the development, thus also saving money that would otherwise be spent to serve these needs with potable water. BTW, just such a strategy is presently being investigated for the Dry Creek development. So which one of these developers around Kuna is going to be the first to wake up and realize that there is more than one way to skin this cat? They can find out more about this whole idea at and at

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