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HELLAR v. CENARRUSA

No. 14700.

664 P.2d 765 (1983)

104 Idaho 858

William and Gretchen HELLAR, husband and wife; Samuel A. Rohrer; Douglas E. Long; Bingo Si John; Coeur D'Alene, Idaho, a municipal corporation; Benewah County, a political subdivision of the State of Idaho; and Post Falls Highway District, Plaintiffs-Respondents, v. Pete T. CENARRUSA, Secretary of the State of Idaho; Clifford Chapin, in his official capacity as Bonner County Clerk and on behalf of those similarly situated; and State of Idaho, Defendants-Appellants.

Supreme Court of Idaho.

June 7, 1983.

Attorney(s) appearing for the Case

Jim Jones, Atty. Gen., Thomas C. Frost, and Kenneth R. McClure, Deputy Attys. Gen., for defendants-appellants.

Raymond C. Givens, Coeur d'Alene, for plaintiffs-respondents Hellar.

Susan Mather, Boise, for intervenors.

HUNTLEY, Justice.

By this appeal appellants seek a review of an order of the district court which held that the present apportionment of the Idaho legislature is unconstitutional as violative of Idaho Constitution art. 3, § 5, which reads:

"SENATORIAL AND REPRESENTATIVE DISTRICTS — A senatorial or representative District, when more than one county shall constitute the same, shall be composed of contiguous counties, and no county shall be divided...

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