Legal-Courts
Supremes Rule For Citizens Again
July 10, 2006 
DISCLAIMER: This posting is about the Idaho Supreme Court case, “City of Boise vs David R. Frazier.” Frazier is editor of the GUARDIAN.
Idaho’s Supreme court Friday denied motions filed by three special interest groups attempting to create a loophole allowing local governments to enter into long term debt without a vote of citizens.
Three associations representing most of Idaho’s cities, counties, and school boards filed briefs recently asking the court to modify the language in an April 13th decision denying Boise City’s attempt to build a parking garage at the airport without a vote of citizens.
David R. Frazier challenged Boise City’s attempt to use a legal maneuver known as “Judicial Confirmation” to build a new $27,000,000 parking structure instead of asking for permission from voters. The city said the construction was an “ordinary and necessary” expense. The tactic has been used by local governments statewide to go around voter approval of long term debt.
The Supreme Court issued an opinion which agreed with FRAZIER contention that a vote–a bond election–was needed. The court said a parking garage may be “ordinary,” but “necessary” would have to be something urgent involving public safety or an emergency that could not wait for an election.
None of the associations was a party to the legal proceedings and each sought to appear as a “friend of the court” to espouse their special interest. Friday the court said the matter was settled April 13th and the decision will stand with the language unchanged.
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Comments & Discussion
Comments are closed for this post.
Jul 10, 2006, 5:12 pm
Again we see “government” types trying to go around the voters! Good thing we have a court that still recognizes them – without the court the govenmental types would be even more out of control than they are.
At some point the voters will need to remove all these officals that think they are smarter than the voters – – or it will never change.
Jul 11, 2006, 8:49 am
So, maybe instead of calling the groups “special interests”, how about you name them? Amicus Curie briefs are common, but the actual groups who write them are more intersting.
EDITOR NOTE–We offered no shelter and the names say it all. Association of Idaho Cities, Association of Idaho Counties, and Idaho School Board Association. We even contend they worked in concert to go around the voters.
Jul 12, 2006, 2:49 pm
Your contention is correct. Look who these groups actually are …. the very same people the court ruled against the first time.
Jul 12, 2006, 4:45 pm
Thank ,Dave. Score another big win for the People of Idaho.But have no doubt that every politician in the state will be using their ” dimwits” to figure out ways to squeeze more and more money out of our citizens regardless of decisions by the Supreme Court.
Jul 17, 2006, 10:24 pm
We applaud you!!! We need to clean out all incumbants next election, and replace them with people free of special interest ties!!