HELLAR v. CENARRUSA

No. 15201.

682 P.2d 539 (1984)

106 Idaho 586

William and Gretchen HELLAR, husband and wife; Bingo Si John; and Coeur D'Alene, Idaho, a Municipal Corporation, Plaintiffs-Appellants Cross-Respondents and Samuel A. Rohrer; Douglas E. Long, Benewah County, a Political Subdivision of the State of Idaho; and Post Falls Highway District, Plaintiffs, 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-Respondents-Cross-Appellants, and John V. Evans, Governor of the State of Idaho, Appellant-Cross Respondent by Intervention.

Supreme Court of Idaho.

April 16, 1984.


Attorney(s) appearing for the Case

Raymond C. Givens and W.W. Nixon, Coeur d'Alene, for plaintiffs-appellants cross-respondents Hellar, et al.

Jim Jones, Atty. Gen. and Kenneth R. McClure, Deputy Atty. Gen., Boise, for defendants-respondents-cross-appellants Cenarrusa, et al. and for the House of Representatives of the State of Idaho as intervenors.

Patrick D. Costello, Office of the Governor, Boise, for Governor Evans.

Eugene C. Thomas and Jeffrey A. Strother, Boise, of the firm of Moffatt, Thomas, Barrett and Blanton, Ctd., Sp. Deputy Attys. Gen., Boise, for James E. Risch as President Pro Tem of the Idaho Senate and T.W. Stivers as Speaker of the Idaho House of Representatives, intervenors.

Dennis Milbrath, Boise, for certain Hispanic intervenors.

Gary L. Montgomery, Boise, for certain Ada County Legislators et al., intervenors.


HUNTLEY, Justice.

We have been petitioned, pursuant to our retained jurisdiction in Hellar v. Cenarrusa, 105 Idaho 571, 682 P.2d 524, January 1984 (Hellar II), to rule upon the constitutionality of the legislative reapportionment scheme enacted as H.B. AS 746 in the closing hours of the recent legislative session.

Our decision in Hellar II held in pertinent part that "... the 1984 election shall be conducted...

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