ASSON v. CITY OF BURLEY

Nos. 14719, 14809.

670 P.2d 839 (1983)

105 Idaho 432

Gary ASSON and LeRae Asson, husband and wife, citizens of the City of Burley; Ransom H. Brown and Betty Brown, husband and wife, citizens of the City of Heyburn; and J.R. Simplot Company, Petitioners, v. CITY OF BURLEY; Charles Shadduck, Mayor of the City of Burley; James Parker, J. Garth Payne, Frances McDonald, Dale Doman, Walter Petersen, and Truman Bradley, as members of the City Council of Burley; City of Heyburn, Harold R. Hurst, Mayor of the City of Heyburn; and Wilford Wilcox, Dean Baker, David Mayes, and Larry McComb, as members of the City Council of Heyburn, Respondents. Richard H. BOHLE and Paula L. Bohle, husband and wife; Blaine Jensen and Lillian D. Jensen, husband and wife; Charles B. Park and Billie F. Park, husband and wife; Clarence F. Bellem and Lillian B. Bellem, husband and wife; Magic Valley Foods, Inc., an Idaho corporation; Cameron Sales, Inc., an Idaho Corporation, Petitioners, v. CITY OF RUPERT, William F. Whittom, Mayor of the City of Rupert, Clark Cameron, Dwinelle E. Allred, June Dombeck and Ronald E. Klebe, as members of the City Council of Rupert, Respondents.

Supreme Court of Idaho.

Rehearing Denied November 4, 1983.


Attorney(s) appearing for the Case

Craig Meadows and Phillip M. Barber, Boise, for petitioners Asson, et al.

Roger D. Ling, Rupert, for petitioners Bohle, et al.

William Parsons, Burley, for respondent City of Burley.

Stephen A. Tuft, Burley, for respondent City of Heyburn.

Donald J. Chisholm, Burley, for respondent City of Rupert.

A.L. Smith, Idaho Falls, for intervenor City of Idaho Falls.

Peter B. Wilson, Bonners Ferry, for intervenor City of Bonners Ferry.

R.B. Kading, Jr., and R.M. Turnbow, Boise, for intervenor Washington Public Power Supply System.

Howard Humphrey, and Stanley Welsh, Boise, for intervenor Chemical Bank.


HUNTLEY, Justice.

In 1976, five Idaho cities1 (parties to this action) entered into an agreement with the Washington Public Power Supply System (WPPSS) for future supplies of electrical energy to be generated by two planned nuclear power plants. Although the plant projects were later terminated, under the terms of the agreement the cities were nevertheless required to continue to pay their percentage shares of the bond obligations incurred...

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