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IDAHO STATE TAX COM'N v. STAKER

No. 14740.

663 P.2d 270 (1982)

104 Idaho 734

IDAHO STATE TAX COMMISSION, Petitioner, v. Bill STAKER, Canyon County Auditor; Richard Pence, Twin Falls County Auditor; Marie Ivie Lilya, Blaine County Auditor; Margaret F. Clements, Gooding County Auditor; Elaine S. Johnson, Caribou County Auditor; and Ronald Longmore, Bonneville County Auditor; The Honorable Douglas D. Kramer; The Honorable Jim R. Doolittle; The Honorable Robert G. Newhouse; and the Honorable Francis J. Rasmussen, Respondents.

Supreme Court of Idaho.

Dissenting Opinion November 5, 1982.

Attorney(s) appearing for the Case

David H. Leroy, Atty. Gen., Theodore V. Spangler, David G. High, Deputy Attys. Gen., Boise, for petitioner.

William A. Morrow, Caldwell, Harry C. DeHaan, VI, Twin Falls, Ray Keith Roark, Hailey, Douglas F. Rose, Shoshone, Clyde G. Nelson, Soda Springs, Lynn E. Thomas, Boise, Michael Arnold Henderson, Hailey, Richard N. Gariepy, Ketchum, William J. Brauner, Caldwell, for respondents.

Charles F. McDevitt and Kenneth L. Mallea, of Givens, McDevitt, Pursley & Webb, Boise, for amicus curiae Associated Taxpayers.

PER CURIAM.

This matter is before the court on the petition and amended petition for alternative writ of mandamus by the Idaho State Tax Commission.

The action was originally instituted against the auditors of six counties and ultimately amended to incorporate as respondents district judges sitting in four of the respective counties.

Upon receipt of the petitions, this court directed the respondents to file...

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