A Boise-based nonprofit has made good on its promise to take Ada County to court over a deal commissioners approved with Dynamis Energy, a local company attempting to build a waste-to-energy plant in the county landfill.

Idaho Citizens for a Safe Environment and Transparent Government, which formed in response to Dynamis’ plans, filed suit in Ada County District Court Nov. 8, alleging the county did not follow proper procedures in contracting with Dynamis and seeking for the contract to be reneged.

The group is concerned about Dynamis’ proposed plant, which would be able to produce about 22 megawatts of energy per day by burning garbage and tires. The group worries about the environmental impacts of dioxins and mercury that could potentially be released by the project.

The lawsuit focuses on allegations that Ada County commissioners violated open meeting laws and ushered the contract through without following procedures laid out in land use statutes. It states a $2 million contract between the county and Dynamis, which was given to Dynamis in order to have the company design the plant, should be considered null and void. Dynamis was to pay back the $2 million when its project went to the construction phase.

The lawsuit could throw a monkey wrench in Dynamis’ timetable for the project, which includes key dates to get the plant operational, lest the company face financial penalties and missed grant funding.