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STATE EX REL. IDAHO STATE PARK v. CITY OF BOISE

No. 11059.

509 P.2d 1301 (1973)

95 Idaho 380

The STATE of Idaho ex rel. the IDAHO STATE PARK BOARD, consisting of Wilhelm M. Beckert et al., Plaintiff-Appellant, v. CITY OF BOISE, Idaho, a political subdivision of the State of Idaho, By and Through its Mayor, Jay S. AMYX, and its Council Members, et al., and County of Ada, a political subdivision of the State of Idaho, by the Board of County Commissioners, consisting of Rulon Swensen, et al., Defendants-Respondents.

Supreme Court of Idaho.

Rehearing Denied May 31, 1973.

Attorney(s) appearing for the Case

W. Anthony Park, Atty. Gen., Donald E. Knickrehm, Asst. Atty. Gen., Boise, for plaintiff-appellant.

Elbert E. Gass, James E. Risch, Boise, for defendants-respondents.

SHEPARD, Justice.

This is an appeal from a summary judgment granted in favor of Boise City and Ada County on the basis that legislation creating the Idaho Veterans' Memorial Park violates the constitutional prohibition against local or special laws. The sole issue on this appeal is the constitutionality of the legislation in question.

This case marks another in the protracted series of legal battles between the State of Idaho on the one side and Boise City...

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