Residents file lawsuit against Teton County over fees
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DRIGGS — Teton County canceled a planned work session on how to move forward with funding its solid waste system because of a pending lawsuit.
The work session and the suit revolve around changes the county made to its solid waste fee, which funds the county’s waste system. Previously, the fee had been up to $157, but it was only applied to parcels that had residences on them.
For this year, the fee was dropped to $60, but applied to all parcels. At a sometimes-heated public meeting last year, some county residents voiced their opinion that the revised fee was not fair.
After the public outcry, the county held a work sessions on how to move forward with the fee. While not committing to anything, the county explored several options for an alternative fee structure for 2016.
On Dec. 23, a group of Teton County residents, as well as housing developments, filed their lawsuit over the recent changes that the county made to the fee.
Driggs attorneys Roy and Sean Moulton are representing the 33 plaintiffs who include Dennie Arnold and Mark Ricks, as well as Huntsman Springs.
Moulton is arguing for his clients that the county didn’t have the authority to charge the fee in the way it did and should pay the money back, and pay the attorneys’ fees for the suit.
“It’s not fair, Bill, it isn’t, there’s nothing fair about it,” said plaintiff Mark Ricks to the Board of County Commissioners Chairman Bill Leake at the work session late last year to begin to decide the way forward.
Ricks had alluded to possible legal action several times at public meetings. The case’s initial filings were submitted the day after the work session.
County Prosecutor Kathy Spitzer said the county had only recently received the brief in the case and is still crafting the county’s position.
Even though the BOCC has discussed fee changes for the next year, those filing the suit seek to recoup the money that was collected with this year’s property taxes. The TVN will give more information on the specific arguments from each side once briefs have been filed by both parties.
A hearing has been scheduled for Feb. 16.
This story was originally published in Teton Valley News. It is used here with permission.