San Francisco (670 KBOI News) – A North Idaho coupe who have been fighting for years to build a home on their property near Priest Lake are appealing an Idaho judge’s ruling to the 9th Circuit Court.

Tony Francois with the Pacific Legal Foundation, represents Mike and Chantell Sackett…he says (Idaho federal) Judge Edward Lodge recently found in favor of the EPA, which says the Sacketts are building on a protected wetlands.

He says the Sacketts first had to go to the US Supreme Court to even be allowed to challenge the EPA, and that was years ago.

“It was an unusually long wait, over three years, for a decision in the case,” said Francois.  “So there’s the expression ‘justice delayed is justice denied’.”

Francois says they’ll argue the EPA didn’t even follow their own established rules when they declared the Sackett’s property was a wetlands.