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Nampa franchise fee challenged as impermissible hidden tax

Nampa franchise fee challenged as impermissible hidden tax

Mitch Coffman
September 22, 2014
September 22, 2014






FOR IMMEDIATE RELEASE: September 22, 2014

Information Contact: Geoffrey Talmon (208) 258-2280 ext. 213

Nampa franchise fee challenged as impermissible hidden tax

On Monday Idaho Freedom Foundation’s Center for Defense of Liberty (CDoL), in conjunction with Runft & Steele law offices, Boise, filed a notice of tort claim against the city of Nampa. The notice informed the city that CDoL believes that the “franchise fees” that it collects in connection with solid waste services constitute an impermissible hidden tax.

The city estimates it will collect $1.2 million in franchise fees. According to CDoL, that sum of money is above and beyond the 3 percent the city charges for the administrative cost to operate.

The city currently charges a 3 percent administrative fee, along with an additional 15 percent for “franchise fees.”

Hubert Osborne, a Nampa resident and client of CDoL, is hopeful Nampa will take the notice seriously. "It is a serious step to initiate legal action against a council and administration which have made good progress with the sack of road apples they were handed by the previous administration. My hope is that the franchise fee (tax) will be more strongly examined and will be resolved sooner rather than later.”

CDoL’s director, Geoffrey Talmon, believes the city should not be charging this fee. “The city is calling this a ‘franchise fee’ but we believe it to be a hidden tax that the city does not have the authority to collect.”

Talmon also said CDoL is happy about the partnership with Runft & Steele on this issue. “The Center for Defense of Liberty is excited to be working with the law firm of Runft & Steele on this case. Both John Runft and Jon Steele have extensive trial experience and have successfully protected their clients from government overreach in the past."

The city of Nampa has 90 days to respond to the notice.

A copy of the claim can be found HERE.


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p 208.258.2280 | e [email protected]
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