Resolution - 2008 - 36 - Approve Settlement Agreement Among Ura, City Of Eagle, Joint School District No. 2 Ada And Canyon Counties - 11/28/2008
RESOLUTION NO. 08-36
ORIGINAL
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EAGLE, IDAHO, APPROVING THAT CERTAIN
SETTLEMENT AGREEMENT BY, BETWEEN, AND AMONG
THE URBAN RENEWAL AGENCY OF THE CITY OF EAGLE,
IDAHO, THE CITY OF EAGLE, IDAHO, AND JOINT SCHOOL
DISTRICT NO.2, ADA AND CANYON COUNTIES, IDAHO,
AUTHORIZING THE MA YOR AND CLERK TO EXECUTE
THE SETTLEMENT AGREEMENT AND ANY NECESSARY
ADDITIONAL DOCUMENTS OR AGREEMENTS;
AUTHORIZING ANY TECHNICAL CORRECTIONS TO THE
SETTLEMENT AGREEMENT; AND PROVIDING AN
EFFECTIVE DATE.
THIS RESOLUTION, made on the date hereinafter set forth by the City Council of Eagle,
Idaho, a municipal corporation hereafter known as "City" located in Ada County, Idaho;
WHEREAS, the City Council of Eagle, Idaho on December 11, 2007, after notice duly
published, conducted a public hearing on the Eagle Urban Renewal Plan (the "Plan");
WHEREAS, following said public hearing, the City adopted its Ordinance 592 on
December 11, 2007, approving the Plan and making certain findings;
WHEREAS, on January 18,2008, the Joint School District No.2, Ada and Canyon
Counties (the "School District") initiated proceedings against the City of Eagle, Idaho (the
"City") and the Agency in the District Court of the Fourth Judicial District of the State ofIdaho
(the "Court") by filing a complaint (the "Complaint") asserting both procedural and substantive
causes of action challenging the validity of the Plan. The Complaint was filed pursuant to the
provisions of Sections 50-2027 and 50-2911, Idaho Code.
WHEREAS, the Parties desire and intend to settle and compromise their differences,
resolve the disputes between them, and release any Claims they may have;
WHEREAS, City and Eagle Urban Renewal Agency staff and legal counsel and
representatives of the School District have prepared that certain Settlement Agreement, dated
November 25,2008, which resolves the pending litigation issues by, between, and among the
Agency, City, and the School District;
WHEREAS, the City Council finds it in the best public interest to approve the Settlement
Agreement by, between, and among the Agency, City, and the School District and to authorize
the Mayor to execute the Settlement Agreement and to take other action as set forth herein;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EAGLE, IDAHO, AS FOLLOWS:
RESOLUTION NO. 08- 3ta
K:\COUNCIL\Resolutions\draft resolutions\Res 08-36 Settlement Agreement - Urban Renewal.doc
Section 1.
That the above statements are true and correct.
Section 2. That the Settlement Agreement, a copy of which is attached hereto as
Exhibit A and incorporated herein by reference, be and the same is hereby approved.
Section 3. That the Mayor and Clerk are hereby authorized to execute the above-
referenced Settlement Agreement provided such Settlement Agreement shall include those
modifications or revisions discussed at the November 25, 2008, City Council Meeting, provided,
further, the Mayor is authorized to approve and accept any necessary technical changes to the
Settlement Agreement or other documents upon advice from the City's legal counsel that said
changes are consistent with the provisions of the Settlement Agreement and consistent with the
information presented at the City Council meeting of November 25,2008. Provided, further, the
Mayor is hereby authorized to take the action approved by this Resolution and to implement the
Settlement Agreement, including, but not limited to, establishing the administrative activities
necessary to monitor the property tax receipts.
Section 4. That this Resolution shall be in full force and effect immediately upon its
adoption and approval.
PASSED AND ADOPTED by the City Council of the City of Eagle, Idaho, on November
25, 2008. Signed by the Mayor, and attested by the City Clerk, on this 25th day of November,
2008.
APP
By
Mayor Phil Bandy
ATTEST:
J Q~A~~ -)( (b(l+t"~ .............
. Clerk haron Bergmann "",\~~ OF Ii ',.....
" r\. ......... -10 '.
~ v.- .. ~ .
~ .. Y.poR ...'-~ ".
:: "cp <1/>. ':;.
:*: ~\ :
: : ..fit.... . :
: ~".'~I'. :*:
- . .. ~ \ L · .
-:. f{ f""'l ",'e :
... ,0,.- ~
..ORAT~~..~j"O ,:
l' ..... ''I> .......
: f) F IV ~ ..'
\\\
""'H''''''
RESOLUTION NO. 08- 3v
K:\COUNCIL\Resolutions\draft resolutions\Res 08-36 Settlement Agreement - Urban Renewal.doc
IllER HAwlEY TRoXEll
.. - ENNIS ~1i~~rn
NICHOLAS G, MILLER
ADMITTED TO PRACTICE LAW IN IDAHO, CALIFORNIA AND NEW YORK
EMAIL: NGM@HTEH.COM
DIRECT DIAL: 208.388.4849
DIRECT FAX:
877 Main Street, Suite 1000
P.O. Box 1617
Boise, Idaho 83701-1617
208.344.6000
www.hteh.com
December 8, 2008
RECEIVED
DEe 0 9 2008
M S B & 1: CTD.
Susan E. Buxton
Moore Smith Buxton & Turcke
950 W. Bannock, Suite 520
Boise, ill 83702
Re: Joint School District No, 2 vs, City of Eagle, Idaho and Eagle Urban Renewal
Agency - Case No. CV DC 0801169
Dear Susan
Enclosed are a fully-executed original copy of the Settlement and Release Agreement and
a copy of the Order of Dismissal with Prejudice in the referenced matter. Please contact us if
your have any questions or comments.
Sincerely,
XELL ENNIS & HAWLEY LLP
NGM/tjon
Enclosures
04636.0068.1364467.1
SETTLEMENT AND RELEASE AGREEMENT
This SETTLEMENT AND RELEASE AGREEMENT (the "Agreement") is made and
entered into as of November 25, 2008, by and between Joint School District No" 2, Ada and
Canyon Counties, Idaho (the "Districf' or the "Plaintiff'), and the City of Eagle, Idaho (the
"City") and the Eagle Urban Renewal Agency (the "EURA") (collectively refeued to as the
"Defendants"), The Plaintiff and the Defendants are hereinafter each refeued to as a "Party"
and collectively referred to as the "Parties,"
ARTICLE 1
BACKGROUND
1.1 The Eagle Urban Renewal Plan The City created the EURA to develop and
administer the Eagle Urban Renewal Plan for the Downtown and East End Urban Renewal
Project (the "Plan"), On or about December 11, 2007, the City approved Ordinance Number
592 to fOImally enact the Plan and authOIize the EURA's implementation of the Plan..
Thereafter, the City published Ordinance Number 592 on Or about December 24, 2007, thereby
setting the Plan's effective date" The Plan contains a "revenue allocation" provision as
authorized by Chapter 29, Title 50, Idaho Code (the "Act") The revenue allocation provision
provides for the collection by the EURA of the revenues (the "Tax Incr'ement Revenues")
generated by all taxing districts' tax levies applied to the value of taxable property within the
revenue allocation boundaries that exceeds the base assessment roll, as set forth in the Plan (the
"Tax Increment Valne"), According to the Plan and the Act, the base assessment is the taxable
value of the property within the revenue allocation boundaties as of January 1,2007
1.2 The Plaintiff, The District is a taxing district affected by the Plan,
1.3 The Defendants, The City is the municipality responsible for developing and
approving the Plan through the fOImation of the EORA, The EURA is the urban renewal agency
enabled by the City to implement and administer the Plan.
1.4 Litigation On January 18, 2008, the Plaintiff initiated proceedings against the
Defendants in the District COllIt of the Fourth Judicial District of the State of Idaho (the
"Court") by filing a complaint (the "Complaint") asserting both procedmal and substantive
causes of action challenging the validity of the Plan, The Complaint was filed pllI'suant to the
provisions of Sections 50-2027 and 50-2911, Idaho Code
1.5 Settlement and Compromise.. By this Agreement, the Parties desire and intend
to settle and compromise their differences, resolve the disputes between them, and release any
Claims (defmed herein) they may have.
SETTLEMENT AND RELEASE AGREEMENT - I
04636 0068 13241678
ARTICLE 2
SETTLEMENT AND RELEASE
NOW, THEREFORE, for and in consideration of the covenants and agreements set forth
herein, the benefits to be derived therefrom, and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the Parties agree as set forth below:
2.1 Conditions Precedent. The obligations of the Parties set forth in Section 23,
including, without limitation, the releases set fQrth in Subsection 2 J 1 and the stipulations set
fOIth in Subsection 23.2, are hereby expressly conditioned upon the complete performance of
each of the items of consideration set forth in Section 2.2,
2.2 Consideration. As material conditions of; and consideration for, the obligations
of the Parties set forth in Section 2.3, the Parties hereby agree to the performance of the
following items of consideration.
2.2.1 Rebate Provision.. The Parties contemplate that the EURA shall
operate the revenue allocation fmancing as set forth in the Plan and in accordance with the Act,
except that upon receipt of Tax Increment Revenues, the EURA will transfer the portions of the
Tax Increment Revenues described in this Section 2.2..1 to the District
(a) The District may certify and collect an emergency levy authorized by
Section 33-805, Idaho Code.. The EURA agrees to rebate annually to the District upon
imposition of such levy an amount calculated by multiplying the following amounts by the Tax
Increment Value:
(i) if the emergency levy imposed is equal to or less than.0003, then
the EURA will rebate 000.3 times the Tax Increment Value;
(ii) if the emergency levy imposed is gr'eater than 0003, then the
BURA willr'ebate0006 times the Tax Increment Value..
(b) The District certifies. and collects other levies authorized by Sections 33-
802 through 33-804, Idaho Code (the "Other Levies") The EURA agrees to rebate to the
District an amount calculated by multiplying the total ofthe Other Levies, when and if imposed,
times the greater of (i) the Tax Increment Value for tax year' 2009 (Le" Tax Increment Value as
of January 1, 2009), or (ii) $19,000,000
2.2.2 Mannel' of Payment The EURA agr'ees to pay any rebate payments
described in Section 2..2,1 promptly upon receipt and verification of tax revenues fi'Om Ada
County, VeIification is intended to address the delinquency and collection factor within the
revenue allocation ar'ea, it being understood that the District's rebate is based upon the collected
Tax mcr ement Revenue,
2.2.3 House Bill 470 Provisions, The Act was amended by House Bill
No., 470 enacted during the 2008 Idaho Legislative Session ("BB 470") HB 470 modifies the .
manner and amount of T ax Increment Revenues that are paid to EURA under the Act 10 the
extent that HB 470 has gone into effect with respect to any of the District's Other Levies, the
SETTLEMENT AND RELEASE AGREEMENT - 2
04636006613241676
rebate provisions of Section 2.2.l(b) shall not apply. The Parties agree that HB 470, in its
present form, will apply notwithstanding any future amendment to the Act for as long as the
Plan's revenue allocation financing continues to operate, including the time period of any
renewals or modifications thereto.
2.3 Settlement Obligations of the Parties. Conditioned upon the complete
performance of the items of consideration set fDIth in Section 2.2, the Proties hereby agree to
settle ail Claims and dismiss the Complaint as follows:
2..3.1 Release of Claims The Plaintiff fully, finally, and forever releases
and discharges the Defendants pursuant to the terms set forth in this Subsection 2.31. This
release includes all manner of actions, causes of action, suits, liabilities, obligations, debts,
bonds, bills, moneys owed, accounts, covenants, agreements, promises, damages, judgments,
claims and demands whatsoever, in law or equity, (collectively referred to as "Claims"), which
are the subject of or al'ising from the relationship of the Parties and any of them, including,
without limitation, all Claims relating to the Plan and all Claims relating to the facts and
circumstances pled in the Complaint.
2.3.2 Stipulation Relating to Litigation Upon execution of this
agreement, the Parties will execute and file with the Court a stipulation for judgment, with each
pal'ty beal'ing their own attorney fees, costs, interest, and any other expenses incurred in
connection with such litigation as well as the proposed order The stipulation and proposed
judgment are attached hereto and incorporated herein as Exhibit A. In the event the Court
modifies the proposed judgment or enters its own order, it shall be sufficient for purposes of this
Agreement if the Comt enters an order that shall dismiss the Complaint with prejudice
2.3.3 Nonadmission of Fault or Liability. The terms and conditions
documented in this Agreement relate to the settlement of the Claims as set forth in Subsection
2.3.1. Nothing herein contained shall constitute an admission of fault or liability by the Pal'ties.
The Parties intend by this Agreement to fully, finally, and forever resolve all such Claims and to
avoid fuIther litigation between them.
2..3.4 Ownership of Claims, The Parties represent and wazrant that no
portion of any ofthe Claims set forth in Subsection 23..1 has been assigned or transfeII'ed to any
other party or entity, either directly or by way of subrogation 01' operation of law..
2.3.5 Authorization The Parties represent and warrant that they are fully
authorized to enter into this Agreement.
2.,3.6 Press Release Promptly after the execution of this Agreement, the
proties shall issue a joint pless release in the form attached hereto as Exhibit B
2.3.7 Attorney Fees; Costs; and Expenses Each of the Parties covenant
that each Party shall beal" their own attomey fees, costs, interests, and other expenses relating to
the prepar'ation, authoIization, and execution of this Agreement.
2.4 Material Dr'each of Settlement and Release Agreement Any failure to
complete any of the items of consideration set forth in Section 2,,2 shall constitute a material
SETTLEMENT AND RELEASE AGREEMENT - 3
04636 0068 1324167 8
breach of this Agreement, entitling the Parties to all rights and defenses available to them at law
or equity.
ARTICLE .3
MISCELLANEOUS PROVISIONS
3.1 Independent Advice of Counsel Each of the Parties represent and warrant that
they have read this AgIeeme~t and understand and voluntarily accept its terms and conditions,
and that they have Teceived or had the opportunity to obtain independent legal advice fiom their
respective attorneys with respect to the meaning of this AgI.eement and the advisability of
making the settlement on the terms and conditions contained herein" No presumption shall be
made in favor of or against any Party as a result ofthe prepar'ation or drafting of this AgTeement
Each Party, together with its advisors, has made such investigation of the facts and the law
pertaining to this Agreement, and of all the matters pertaining thereto, as it deems necessary.
Each pmty forever waives all rights to assert that this Agreement was the result of a mistake in
law or in fact
.3.2 Integrated Agr'eement., This AgI'eement contains and constitutes the entire
agreement between the Pmties concerning the su~ject matter of the Agreement and supersedes
any and all prior agreements, arrangements, or understandings between the Parties relating to
such subject matter.. No oral understandings, statements, representations, promises or
inducements contrary to the terms of this Agreement exist. No express or implied
representations, warranties, covenants, or conditions, other than those set forth herein or imposed
by law, have been made or relied upon by any Party
.3..3 Binding Eflect, This Agreement shall be binding upon the representatives,
successors and assigns of the Parties, and each of them, and no inducement or agreement not
herein expressed has been made to the undersigned, The terms of this Agreement are contractual
in nature and not mere recitals.,
.3.4 Further' Acts.. The Parties agree to do any further acts, or to execute and deliver
any and all further documents or instruments as any other Party may reasonably requiTe for the
purpose of giving full effect to the provisions ofthis Agr'eement.
3.5 Governing Law. This AgTeement shall be governed by the laws of the State of
Idaho without regard to any conflicts-of-law provisions of any state law,
3.6 Written Modification No modification of this Agreement and no waiver of a
plOvision hereof shall be of any force or effect unless the same is in writing and signed by all of
the Parties,
3.7 Headings. The headings in this Agr'eement ar'e inserted for convenience only,
and shall not affect the meaning or interpretation of this Agreement in any manner.
3.8 Counterparts This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original, but all of which together shall constitute one and the
same instlUment. If a Party signs this Agreement and transmits an electronic facsimile of its
SETTLEMENT AND RELEASE AGREEMENT - 4
046360068 13241678
signature, each other Party may rely upon the facsimile and treat it as a signed original of this
Agreement,
(SIGNATURE PAGES FOLLOW)
SETTLEMENT AND RELEASE AGREEMENT - 5
04636 0068 1324167 8
IN WITNESS WHEREOF, the Parties have signed this Settlement and Release
Agreement as ofthe date first set forth above.
DISTRICT:
JOINT SCHOOL DISTRICT NO 2,
ADA AND CANYON COUNTIES,
IDAHO
.::J'lA.tlv\ V u..\ tt6>\I\~t-
~t:t. ~Al\'" rvlJLvt
CITY :
CITY OF EAGLE, IDAHO
By:
Name:
Title:
EURA:
EAGLE URBAN RENEWAL AGENCY
By:
Name:
I itle:
(SIGNAlUREPAGE TOSETIlEMENT ANDRElEASEAGREEMENI)
046360068 13241678
IN WITNESS WHEREOF, the Parties have signed this Settlement and Release
Agreement as of the date first set forth above
DISTRICT:
JOINT SCHOOL DISTRICT NO 2,
ADA AND CANYON COUNTIES,
IDAHO
By:
Name:
Title:
CITY:
CITY OF EAGLE, IDAHO
EURA:
EAGLE URBAN RENEWAL AGENCY
~~~
I itle: e. ~ A::2:.~A N
(SIGNATURE PAGE rOSEI1LEMENT ANDRELEASEAGREEMENI)
04636 006111324167 6
EXHIBIT A
FORM OF STIPULATION AND PROPOSED ORDER
04636 0068 13241678
Geoffrey M Wardle ISB No 5604
Nicholas G Miller ISB No. 3041
D, JOM Ashby ISB No 7228
HAWLEY TROXELL ENNIS & HAWLEY LLP
877 Main Street, Suite 1000
PO Box 1617
Boise, ill 83701-1617
Telephone: (208) 344-6000
Facsimile: (208) 342-3829
Email: gmw@htehcom
ngm@hteh com
jash@hteh,com
Attorneys for Plaintiff
IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT
OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA
JOINT SCHOOL DISTRICT NO.2, Ada and )
Canyon Counties, Idaho, a body cmpmate and)
politic and a political subdivision ofthe State )
of Idaho, . )
)
)
)
)
)
)
)
)
)
)
)
)
)
Plaintiff,
vs
CITY OF EAGLE, IDAHO, a municipal
cmporation and a political subdivision ofthe
State ofIdaho; EAGLE URBAN RENEWAL
AGENCY, an independent public body
corporate and politic ofthe State ofIdaho,
Defendants
STIPULATION TO DISMISS WITH PREJUDICE - 1
Case No. CV OC 0801169
STIPULATION TO DISMISS WITH
PREJUDICE
04636 0068 1334772 1
The above named parties have resolved their dispute tlll'ough a separ'ate Settlement and
Release Agreement and, therefore, stipulate that the Plaintiffs Complaint be dismissed with
prejudice, each party to bear its own attomeys' fees and costs"
day of November, 2008"
DATED THIS
HAWLEY TROXELL ENNIS & HAWLEY LLP
By
Nicholas G. Miller
Attomeys for Plaintiff
DATED THIS
November, 2008.
day of
ELAM & BURKE
By
Ryan P Armbruster
Attorneys for Defendant Eagle Ulban Renewal
Agency
DATED THIS
November, 2008,
day of
MOORE SMITH BUXTON & TURCKE
By
Susan E.. Buxton
Attorneys for Defendant City of Eagle
STIPULATION TO DISMISS WITH PREJUDICE - 2
04636 0068 1334172 1
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this _ day of November, 2008, I caused to be served a
tIue copy ofthe foregoing STIPULATION TO DISMISS WITH PREJUDICE by the method
indicated below, and addressed to each of the following:
Ryan P.. ArmbIUster
ELAM & BURKE
251 E. Front St., Suite G
Boise, ID 83701
[Artomeys for Defendant Eagle Urban Renewal
Agency]
_ US. Mail, Postage Prepaid
Hand Delivered
_ Ovemight Mail
_ T elecopy
Susan E. Buxton
MOORE SMITH BUXTON & TURCKE
950 W Bannock, Suite 520
Boise, ID 83702
[Attomeys for Defendant City of Eagle]
_ US. Mail, Postage Prepaid
Hand Delivered
_ Ovemight Mail
_ Telecopy
Geoffrey M Wardle
STIPULATION TO DISMISS WITH PREJUDICE - 3
04636 0068 1334 772 1
IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT
OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA
JOlNI SCHOOL DISTRICT NO.2, Ada and )
Canyon Counties, Idaho, a body corporate and )
politic and a political subdivision of the State )
ofIdaho,
)
)
)
)
)
)
CITY OF EAGLE, IDAHO, a municipal )
corporation and a political subdivision of the )
State ofIdaho; EAGLE URBAN RENEWAL)
AGENCY, an independent public body )
cOlporate and politic ofthe State ofIdaho, )
)
)
)
Plaintiff;
Ys..
Defendants.
Case No CV OC 0801169
ORDER OF DISMISSAL WITH
PREJUDICE
lhis matter having come before the Court on the parties' Stipulation To Dismiss With
Prejudice, and there appealing good cause therefOI,
11 IS HEREBY ORDERED that this case is dismissed with prejudice, with each party to
bear its own attomeys' fees and costs
ORDER OF DISMISSAL WITH PREJUDICE - 1
04636 00681334775 1
DATED THIS
day of November, 2008.
DISTRICT JUDGE
ORDER OF DISMISSAL WITH PREJUDICE - 2
046360068 13347751
CLERK'S CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this _ day of November, 2008, I caused to be seIved a
true copy of the foregoing ORDER OF DISMISSAL WITH PREJUDICE by the method
indicated below, and addressed to each ofthe following:
Ryan P AImbIUster
ELAM & BURKE .
251 E. Front St., Suite G
Boise, ID 83701
[Attomeys for Defendant Eagle VI ban Renewal
Agency]
Susan E. Buxton
MOORE SMITH BUXTON & TURCKE
950 W Bannock, Suite 520
Boise, ID 83702
[Attomeys for Defendant City of Eagle]
_ U S Mail, Postage Prepaid
Hand Delivered
_ Overnight Mail
_ Telecopy
_ US. Mail, Postage Prepaid
Hand Delivered
_ Ovemight Mail
_ Telecopy
CLERK OF THE COURT
By:
Deputy CleIk
ORDER OF DISMISSAL WITH PREJUDICE - 3
04636 0068 1334775 1
EXHIBIT B
FORM OF JOINT PRESS RELEASE
04636 0068 1324167 8
J oint School District No. 2
City of Eagle, Idaho
+NEWS RELEASE.
Contact Eric Exline
340-0118
November 25, 2008
For Release: Immediate
Contact Mayor Phil Bandy or
Clerk-Treasurer Sharon Bergman
939-6813
City of Eagle, Eagle Urban Renewal Agency, and Joint School District
No.2 Settle Lawsuit
Agreement Allows Urban Renewal Plan to Move Forward While Pwtecting
Financial Health of District
EAGLE, ID - The City of Eagle, the Eagle Urban Renewal Agency, and Joint School
District No, 2 reached a settlement in the urban renewal lawsuit filed by the school district
earlier this year, officials from all three entities said today,
The agreement ends the lawsuit and therefore removes any challenge to the Eagle Urban
Renewal Plan for an urban renewal area in downtown and the eastern gateway to the City of
Eagle, The urban l.enewal agency intends to build enhanced public facilities like streets,
sidewalks, parking facilities, parks, public buildings, plazas and public infrasttuctute, improve
design standards, eliminate envil:onmental deficiencies and redevelop stagnant areas in
Eagle's downtown and East End
Linda Clarlr, Superintendent of the School District said: "We believed the lawsuit was
necessary to safeguatd our financial ability to meet the needs of students, parents, and
taxpayers in out fast-growing district," "The agreement, together with the adoption of
legislation in the 2008 legislative session that provides for school districts to retain tax
revenues from future voter-approved levies, enables us to do that This agreement shows
how districts and municipalities can WOlk together to develop urban renewal districts"
Mayor Bandy and Cameron Arial, Chairman of the Urban Renewal Agency, said; The
agreement is the result of a very positive process and the recognition of the objectives of all
three parties. We are gt'ateful to Joint School District No, 2 for its patience and support of
what the City and Agency ate ttying to achieve in Eagle
###
'.'
r-~
(
J)OJ~'Y
NO._
--,~.
ft M 'fi(ili
''''''~~M.
-
D(C 0.3. Zooa
J. DAV:P NAVARRO" Clerk. ...
YJKENNiDY '/ . ...:~,:
Da>tIn- ,,-,,:j,;'::'{0;~f~
, . , .k....., ..i ,c. .' ,'i~-4i~.
. "~~3SJ
IN THE DISTRICT COURT OF THE FOURTH runICIAL DISTRICT
OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA
JOINT SCHOOL DISTRICT NO.2, Ada and )
Canyon Counties, Idaho, a body corporate and )
politic and a political subdivision of the State )
of Idaho, )
)
)
)
)
)
)
)
)
)
)
)
)
)
Plaintiff,
vs,
CITY OF EAGLE, IDAHO, a municipal
corporation and a political subdivision of the
State ofIdaho; EAGLE URBAN RENEWAL
AGENCY, an independent public body
corporate and politic ofthe State ofIdaho,
Defendants.
Case No, CV DC 0801169
ORDER OF DISMISSAL WITH
PREJUDICE
This matter having come before the Court on the parties' Stipulation To Dismiss With
Prejudice, and there appearing good cause therefor,
IT IS HEREBY ORDERED that this case is dismissed with prejudice, with each party to
bear its own attorneys' fees and costs.
ORDER OF DISMISSAL WITH PREJUDICE - 1
04636.0068.1334775.1
(
DATED TIllS ~ofDecember, 2008.
KATHRYN A. STICKLEl''>l
DISTRlCT JUDGE
ORDER OF DISMISSAL WITH PREJUDICE - 2
04636.0068.1334775.1
/
I
"'
. CLERK'S CERT"-CATE OF SERVICE
I HEREBY CERTIFY that on this ~ day of December, 2008, I caused to be served a
true copy of the foregoing ORDER OF DISMISSAL WITH P7REJUDICE by the method
indicated below, and addressed to each of the following:
RyanP. Armbruster _ U.S. Mail, Postage Prepaid
ELAM & BURKE . Hand Delivered
251 E. Front St., Suite G _ Overnight Mail
Boise, ID 83701 _ Telecopy
[Attorneys for Defendant Eagle Urban Renewal /
Agency] V
Susan E. Buxton
MOORE SMITH BUXTON & TURCKE
950 W, Bannock, Suite 520
Boise, ID 83702
[Attorneys for Defendant City of Eagle]
----' U.S. Mail, Postage Prepaid
Hand Delivered
_ Overnight Mail
_ Telecopy
CLERK OF THE COURT
J KENNEDY
By:
Deputy Clerk
ORDER OF DISMISSAL WITH PREJUDICE - 3
04636.0068.1334775.1