REC DISTRICT REQUESTS DISTRICT COURT TO RECONSIDER DECISION BECAUSE IT STRIPS DISTRICT OF STATUTORY AUTHORITY
At the District Special Meeting on November 3, 2017, the WECRD Board of Directors reviewed the Court’s Memorandum Decision, Findings of Fact, and Conclusions of Law issued on November 2. The Court did find that from 2010-2014, including during Plaintiff Ms. Ashcraft’s tenure as District secretary, the District made grants or donations not authorized by law. The Court enjoined the District from granting or gifting money or property to another.
The decision states that the “Court’s comments are not intended as a rebuke of the WECRD’s good faith efforts to improve recreational opportunities available in Elmore County.” The Court has issued a permanent injunction that prohibits the District from granting property to municipal corporations, under any circumstances, which is contrary to the powers granted to the District under Idaho Code 31-4317, and general provisions within the Recreation District Statute. For example, the District has offered to provide property to the City of Mountain to construct retention ponds as part of a much needed federally funded road expansion project on 18th street. The Permanent Injunction prohibits the District from providing the property, potentially resulting in the loss of federal funding to the City.
The scope of the Permanent Injunction effectively alters the WECRD’s statutory authority and puts the District in jeopardy of contempt of a court order while exercising its’ authority under state law. For this reason, the District is seeking immediate reconsideration of the Court’s decision.