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KOOTENAI CTY. PROPERTY ASS'N v. KOOTENAI CTY.

No. 17328.

769 P.2d 553 (1989)

115 Idaho 676

KOOTENAI COUNTY PROPERTY ASSOCIATION: Rex Morehouse, Claude A. Stierwalt and Richard Morse, Plaintiffs-Appellants, v. KOOTENAI COUNTY, a political subdivision of the State of Idaho, Defendant-Respondent.

Supreme Court of Idaho.

February 8, 1989.

Attorney(s) appearing for the Case

Lempesis, Anderson, Kroeger & Bennett, Post Falls, for plaintiffs-appellants. Roland D. Watson argued.

Lukins & Annis, Coeur d'Alene, for defendant-respondent. Charles W. Hosack argued.

BAKES, Justice.

Kootenai County Property Association (the association) appeals a summary judgment in favor of Kootenai County (the county). The district court held that the county's $54 solid waste disposal charge on residential dwellings (1) does not unconstitutionally discriminate against property owners as opposed to actual users, and (2) is a reasonable "fee" for services as authorized by I.C. § 31-4404, and is not an invalid "tax" within the meaning of Article...

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