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BREWSTER v. CITY OF POCATELLO

Nos. 17074, 17096.

768 P.2d 765 (1988)

115 Idaho 502

E. (Al) BREWSTER, Logan D. Robinson, Glen S. Marshall, Isaac McDougall, and Ann McDougall, husband and wife, Peter D. Behrendt, Guy Anderst and Trevor Henderson, Plaintiffs-Respondents, v. CITY OF POCATELLO, a municipal corporation of Idaho, Richard S. Finlayson, Mayor of the City of Pocatello and the City Council of the City of Pocatello, Idaho, Defendants-Appellants, and People for a Progressive Pocatello, Inc., a non-profit corporation, Intervenor.

Supreme Court of Idaho.

Rehearing Denied March 2, 1989.

Attorney(s) appearing for the Case

J. Ivan Legler, Pocatello, for defendant-appellant City of Pocatello.

Stephen G. Larsen, Pocatello, for plaintiffs-respondents.

Racine, Olson, Nye, Cooper & Budge, Pocatello, for intervenor People for a Progressive Pocatello. John R. Goodell argued.

Lindsay, Hart, Neil & Weigler, Boise, for amicus Ass'n of Idaho Cities. Michael C. Moore argued.

SHEPARD, Chief Justice.

This is an appeal from a summary judgment granted by the district court against the city of Pocatello, holding invalid and prohibiting the enforcement of an ordinance which purported to impose a street restoration and maintenance fee upon all owners or occupants of property in the city of Pocatello pursuant to a formula reflecting the traffic which is estimated to be generated by that particular property. We affirm the summary judgment and...

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