City Government
GBAD Petition Denied, Voters Must Approve Debt
August 28, 2014 
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:
~OTIK5OI001F
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Comments & Discussion
Comments are closed for this post.
Aug 28, 2014, 4:15 pm
Thanks Mr. Frazier!
Just curious if you feel like answering this one: did you pay for Runft’s time or was it a pro bono situation?
Also, I got the Mayor’s newsletter today. He hosted a public event (ice water challenge.. ugh) with Gardener Co and the fire dept yesterday. They seem a bit too friendly for my liking.
EDITOR NOTE–Can’t comment on finances, but the judicial confirmation law says if a respondent prevails they are entitled to reasonable legal fees.
Aug 28, 2014, 4:17 pm
Congrats
Aug 28, 2014, 5:42 pm
David was a 40 to 1 long shot— but he was right. And the ground did tremble when Goliath er Gardner fell. My heartiest congratulations
Aug 28, 2014, 6:46 pm
Restores my faith in the courts and confirms my lack of faith in both GBAD and CCDC.
Aug 28, 2014, 9:00 pm
Will it require plain language on the ballot? Or can they twist it around so that yes means no?
I do recall a obvious and intentional twisting of words from back before Brent Coles was taken down by the police department.
Aug 28, 2014, 9:35 pm
Great news. Glad that constitutional principle has survived another round of threat; especially so, when it came from a “barely public” source.
It is a gratifying and happy day when “the people” carry the day.
Aug 28, 2014, 11:37 pm
Dave – It seems a bit disingenuous to deny comment regarding finances. Transparency? Regardless, well played sir, well played. I hope you’re grooming a replacement because your services are needed.
Aug 29, 2014, 5:00 am
It is apalling that local government officials are so desperate to circumvent taxpayer approval protocols.
What does this imply about local government spending habits?
Aug 29, 2014, 5:57 am
Everyone cool their jets! This is far from over. When the Mayor “wants-ets”…the Mayor “gets-ets”. And GBAD (still incompetent after all these years) will follow instructions until satisfied. I agree with Dale…there is way too much “togetherness” with the Gardner group. Keep an eye out for the next announcement: Baseball/Multi-use Stadium…because its coming, too…along with the trolley.
Maybe…just maybe…GBAD will get smart and seriously look at putting a convention center (that works!) in a better suitable space. Maybe!
Great job, Dave!
Aug 29, 2014, 6:52 am
Congrats! Good decision. The term “Guardian” is very appropriate.
Aug 29, 2014, 10:30 am
I think the best way for Team Dave to get national/world attention and visitors… is to put in a tramway from the Airport and North End all the way up to Bogus. Turn the North End into an Olympic village of sorts and allow development of the Foothills all the way to the top.
The New Bogus Sports Complex needs to be further developed to the North and East and should include several more winter and summer sports.
The upper-middle folk of the North End will resist, but they ain’t got enough money between them to stop a big money investor from sweeping them out with an urban renewal program. A bunch of those homes are in disrepair anyway with tired old Volvos and Subarus parked out from anyway.
Aug 30, 2014, 9:38 am
Thanks,Dave, for taking the lead on the GBAD scheme. It sure feels good to win one. Thanks to you.
Too bad we didn’t have this Judge on the Court House deal.
Bob and Barbara
Aug 30, 2014, 11:35 am
Zippo,
Is your name really Zippo, or does that just refer to your cognitive capacity?
Sep 3, 2014, 7:04 pm
Way to go Dave. The powerful must be made to follow the rules.
Dec 21, 2014, 7:57 am
Yawwwwn. Looks like you may need to call Chuck and his dogs out on this one.