Idaho Falls Power “North Loop” Lawsuit Moves To Federal Court

There is a new development Monday in a lawsuit brought against the City of Idaho Falls by the a group called the Alliance For Property Rights.

The group of people from Bonneville County is fighting against Idaho Falls Power buying out property and building large power poles on their land. The suit was meant to go to court on Monday in Bonneville County, but the trial date was canceled.

A lawyer for the City of Idaho Falls told our station the City has retained a new Boise-based attorney.

The Alliance for Property rights said the city also requested the case be heard in federal district court. That’s the reason for vacating the Monday trial date.

The Alliance for Property Rights has grown to about 130 folks who live in an area that will be directly affected by the proposed North Loop Project by Idaho Falls Power. It would place large power poles in a loop around the city for transmission of electricity.

The group said the city has options other than buying out neighbors, or placing power polls on personal property. Representative Bryon Reed said the group doesn’t want to stop expansion.

“We support their effort,” said Reed. “We just ask them to do it within the bounds of the law, and ask them to do it with options that are available without running a loop well outside of their service area.”

Reed said the move to federal district court in Pocatello won’t present any particular difficulties for the group. He said the group’s attorney is based there. But Reed did express concern that all the changes would mean more money spent on the proceedings.

“Our biggest concern really with the change is just we hate to see both sides get more money wrapped up in this than is necessary,” he said.

In a statement to our station, Idaho Falls Power said:

“Because some property owners along the North Loop transmission line have decided to pursue a federal claim in their recent legal filing, the City of Idaho Falls has decided to remove the action to federal court. Federal law gives the city the right to move to federal court in this circumstance.

For several months Idaho Falls Power has been negotiating with property owners along the preferred route to purchase required easements for the Project. On March 8, some property owners filed a motion for Temporary Restraining Order. oN March 9, the district court refused to grant the Temporary Restraining Order. With the City’s petition, the case will now be heard in federal court.

The City has not made a determination to pursue eminent domain. The City remains hopeful property owners’ concerns can be resolved and has been working for months to discuss those concerns and potential mitigative measures.

The project will continue to progress with property owner negotiations on-going.”