Developers of the Foxtail project – turned down by the Post Falls City Council – filed a tort claim this week, seeking at least $5 million for the city's "unlawful conduct" in the denial.

The City Council refused last month to annex the multi-use project, saying the timing wasn't right for such a massive development east of Highway 41.

The developers claim the decision was "arbitrary, capricious … (and) was ill-advised," said attorney Bob Dunn, who is representing Tomlinson North Idaho Inc. and Hayden LLC.

The Foxtail developers are seeking damages for engineering fees, lost profits and development study costs.

The claim notes that the City Council gave the go-ahead this month to annex a different multi-use project in the area, the 100-acre Tullamore East development on Highway 41.

The Foxtail project has been more than two years in the making. The City Council turned it down for the fourth time in February because of sewer capacity and traffic concerns.

The proposal called for 649 houses, 245 multifamily units, and acreage for commercial development, a school site and open space, on 280 acres between Poleline and Prairie avenues.