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ACHD

Boise Gets Minor Foul In ACHD Game

 August 1, 2014 ⋅  Post a comment

UPDATE 8/4/14
ACHD took a “time out” at the Monday noon meeting, voting to do nothing until Thursday when they will consider Boise’s request for a total of about 800 hockey-puck meter devices in the streets.

Fourth District Judge Deborah Bail blew the whistle on Boise for a minor penalty Friday in the ongoing hockey game between the City and Ada County Highway District over the parking meter “hockey pucks.”

Boise filed a motion Friday for a “temporary restraining order” to leave the hockey puck-parking meter sensors in the street. The judge promptly denied the motion citing numerous legal flaws in the City request. Her denial order may qualify as a “smack down” for the legal staff.

“The City of Boise City (“Boise”) has filed a motion for a temporary restraining order although it has not filed either the type of affidavit required by I.R.c.p. 65(b) nor has it filed an application’ petition or complaint as required by I.R.C.P. 3(a)( I ). Boise seeks to prevent the
removal of parking meter vehicle sensing devices by the Ada County Highway District
(“ACHD”).

A temporary restraining order may only be granted if “it clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party or the party’s attomey can be heard in opposition.” I.R’C.P. 65(a). No verified complaint has been filed in conjunction with this motion. The Affidavit filed in this case attaches a series of emails from various parties but it
does not state the specific facts in the affiant’s personal knowledge which show that Boise is at risk of immediate or irreparable injury, or damage.

No application, petition or complaint has been filed in conjunction with the motion for a temporary restraining order. I.R.C.P. 3(a)( I ) states that “no claim, controversy or dispute may, be submitted to any court in the state for determination or judgment without filing a complaint or petition or application as provided in these rules….” while there is very old authority for the
proposition that an injunction could be issued before a complaint has been filed even though it could not take effect until the complaint had been filed, that decision was rendered decades before the Idaho Rules of civil procedure were enacted. see. Elmore County irrigated Farms Ass’nt. Stockslager.22Idaho 420, 126p.616(19r2). I.R.c.p. 3(a)( l ) requires the filing of a complaint, petition or application before any claim for injunctive relief can be pursued.

For both of these reasons, the motion for temporary restraining order is denied. The denial is without prejudice to Boise’s ability to address the deficiencies subsequently. The court also notes that the preference in r.R.C.p. 65(b) is that opposing party should be given notice and an opportunity to address the court where feasible. The motion is denied without prejudice.”

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