Valley County commissioners refused on Monday a demand from the Mountain Central Board of Realtors to repeal parts of the county's affordable housing laws.
Fresh from a successful lawsuit against the city of McCall, the Realtor group sent to county commissioners a letter dated Friday that demanded scrapping the ordinances and returning to developers contributions made toward affordable housing.
Realtors sued the city for its affordable housing laws in fall 2006, and on Feb. 19 Fourth District Court Judge Thomas Neville ruled the city of McCall through its inclusionary housing ordinances had exceeded the city's police powers and enacted an unauthorized tax.
County community housing law is similar to McCall's and requires developers contribute 10 percent of their projects as deed-restricted properties or pay a fee or create housing elsewhere if they don't want community housing at their projects.
McCall has not yet responded to the ruling, which had commissioners second guessing about what to do next. Commissioners speculated the city's financial problems maybe the cause of the delay as the city ponders what to do next.
Commissioners directed County Attorney Matt Williams to contact McCall to find out whether or not the city will appeal the lower court ruling.
Williams recommended holding off deciding to repeal or not to repeal until McCall has indicated
a course of action. Commissioner Frank Eld in principal rejected a repeal even if McCall does not appeal Neville's ruling; however, Eld deferred taking action Monday. The city has until early April to file an appeal.
Evans-Keane, the law firm of the Central Mountain Board of Realtors, sent the letter to commissioners.
The letter warned that Realtors would bring judgment against the county if it failed to comply which would "declare portions of the (land-use ordinance) illegal, seek a permanent injunction precluding their enforcement, as well as an award of attorney's fees and costs."
Included in the demand was the return of "all money, property or other thing(s) of value obtained, or pledged, from any and all persons and/or entities for community housing" even contributions the county claims were made voluntarily.
The city of Donnelly received a letter from the law firm saying likewise, Donnelly City Council member Kimberly Zanier said Monday.
Commissioner Gordon Cruickshank suggested county officials meet with Realtors in a work session to discuss finding a solution. The weak housing market that has reduced home prices in the area cast doubts upon the need for affordable housing.
Chairman Jerry Winkle suggested Williams confer with Evans-Keane about getting an extension because of the difficulties weighing upon commissioners.
Commissioners voted for a, motion from Eld that the county seek a 45-day continuance starting Monday.
A date for a conference of Realtors and county officials was set for April 14 during the regularly scheduled commissioner meeting after the end of the continuance.
If the Realtors reject the petition and make good their threats, then county commissioners ought not have any contact with any Realtor for any reason pertaining to the matter, Cruickshank said, directing his comments to Realtors in the audience.
Williams recommended both sides continue talks through legal counsel should that happen.
Should McCall not appeal the court decision, Valley County's ordinances would be directly affected and the county would be forced to examine them again, Williams said.
"If this is not appealed, (the ruling) is basically the rule of law for our district at least at a minimum for our county," Williams said.
"It's not binding statewide, but certainly I think a strong argument can be made that it is binding to us because that's our district judge," he said.
All pending and existing community housing provisions are on hold.
Contributions from any new developments would be accepted but no money spent or lots sold until the matter of legality is settled.
