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CLARK v. ADA COUNTY BD. OF COM'RS

No. 12740.

572 P.2d 501 (1977)

98 Idaho 749

J. L. "Mike" CLARK, Assessor of Ada County, Idaho, Clarence A. Planting, Clerk of the District Court and Ex-Officio Auditor, Ada County, Idaho, Ada County Property Owners Association, an Idaho Corporation, Don Chance, and Dora Chance, husband and wife, Ada County Taxpayers, Elmo Orr and Ellen Orr, Ada County Taxpayers, Petitioners, v. The ADA COUNTY BOARD OF COMMISSIONERS, the Ada County Board of Equalization, Linda Lund Davis, Individually, Vern Emery, Individually, Gary Bermeosolo, Individually, and as members thereof, the Idaho State Tax Commission, Ewing Little, Individually, Don Loveland, Individually, Jenkin Palmer, Individually, and Larry Looney, Individually, and as members thereof, Respondents, and Joint School District No. 2, Ada and Canyon Counties, Idaho, City of Meridian, a Municipal Corporation, Garden City, a Municipal Corporation, City of Eagle, a Municipal Corporation, City of Boise, a Municipal Corporation, Ada County Highway District, a body politic of the State of Idaho, Additional Respondents.

Supreme Court of Idaho.

December 6, 1977.

Attorney(s) appearing for the Case

R.M. Robson of Robson and Croner, Boise, for petitioners.

David Leroy, Pros. Atty., and Jim C. Harris, Chief Civ. Deputy Pros. Atty., Ada County, for respondents Ada County Bd. of Com'rs and its members.

Wayne L. Kidwell, Atty. Gen., and Theodore V. Spangler, Deputy Atty. Gen., for respondents State Tax Com'n and its members.

John O. Fitzgerald of Ambrose, Fitzgerald and Crookston, Meridian, for School Dist. No. 2, Ada and Canyon Counties, and the City of Meridian.

Allen Boyd Ellis of Ellis & Brown, Boise, for Garden City.

Hugh Mossman, Acting City Atty., Boise, for Boise City.

Alfred C. Hagan and David R. Lombardi of Langroise, Sullivan & Smylie, Boise, for Ada County Highway Dist.

McFADDEN, Chief Justice.

This is an original proceeding instituted on August 26, 1977, by petitioners, the Ada County Assessor, the Ada County Clerk of the District Court and Ex-Officio Auditor, the Ada County Property Owners Association, and four taxpayers. Petitioners seek a peremptory writ of prohibition against respondents, the Ada County Board of Commissioners, the Ada County Board of Equalization, the Idaho State Tax Commission, and their members. Petitioners...

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