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Trial in SilverWing suit on hold

by Keith Kinnaird News Editor
| March 18, 2014 7:00 AM

SANDPOINT — A jury trial in SilverWing at Sandpoint’s suit against Bonner County has been called off, according to U.S. District Court records.

Judge Edward Lodge signed a cryptic order Thursday calling off the proceedings, which were set to start on April 29.

“The case will be reset, if necessary, after the court has issued a ruling on the pending motions,” Lodge’s order said in the brief order.

The court did not specify which motions may be ruled upon, although the county’s counsel has filed several motions in the matter, including a motion for summary judgment.

If the county prevails on that motion, it would bring an abrupt end to the lawsuit filed by developers of the fly-in housing development on the west side of Sandpoint Airport.

Motions for summary judgment are brought when a party contends there is no dispute of material facts and the action can be decided as a matter of law, which eliminates the need for a trial.

SilverWing sued the county in 2012, contending its constitutional rights were being violated. The suit alleged that the county misled the developers about a planned runway relocation and sought to terminate SilverWing’s through-the-fence access agreement in response to pressure from the Federal Aviation Administration.

SilverWing’s suit seeks damages for breaching the covenant of good-faith dealings, inverse condemnation and failing to grant equal protection under the law.

The county, which disputes any wrongdoing in its interactions with SilverWing, has spent more than $1 million vigorously defending the suit. County commissioners have said an adverse judgment could end up costing the county up to $26 million.

SilverWing offered to settle the suit for $4.5 million last year, but the county turned down the offer.