BOGERT v. KINZER

No. 10446.

465 P.2d 639 (1970)

93 Idaho 515

E.A. Dee BOGERT and Ruth Marion Rogers, as the successor in interest of John Rogers, Deceased, Petitioners and Respondents, v. Harry KINZER, Clerk of the City of Pocatello, a municipal corporation of the State of Idaho, and Don Brennan, Earl Pond, Fred Snyder, E. Norman Vaughan, William Roskelley, Rampton Barlow and Albert Minton, as the Board of Commissioners of the City of Pocatello, a municipal corporation of Idaho, Appellants.

Supreme Court of Idaho.

Rehearing Denied March 24, 1970.


Attorney(s) appearing for the Case

Gerald W. Olson, Pocatello, for appellants.

Terrell, Green, Service & Gasser, Pocatello, for respondents.

J.N. Leggat, Boise, amicus curiae.


SHEPARD, Justice.

This case presents for our consideration the alleged unconstitutionality of provisions of our Constitution and statutes which authorize the issuance of general obligation bonds by subdivisions of government only upon the assent of two-thirds of the qualified electors voting at an election held for that purpose. The lower court held, and it is contended here, that such a requirement is violative of the Equal Protection Clause of the Fourteenth Amendment...

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