Fourth District Judge Melissa Moody has denied a petition filed by the Greater Boise Auditorium District to build a $22 million ballroom and kitchen without a vote of citizens.
Boise GUARDIAN editor David R. Frazier filed a response to the GBAD petition through his legal counsel, John Runft. Runft argued successfully that GBAD was attempting to purchase the project in a Gardner Corp. development in violation of the Idaho Constitution. GBAD called the financing scheme a “lease.”
Article VIII, sec 3 prohibits local governments from going into debt without citizen approval.
“It was gratifying to have Judge Moody see through the attempt to circumvent the constitution. Too many public works projects have denied voters their constitutionally mandated voice on public debt,” said Frazier.
In her decision, Judge Moody concluded with, “Pay cash; otherwise, go to the people.”
This is the third time Frazier has prevailed in similar defenses of the Idaho Constitution.
Read the entire decision:
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