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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