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FAIRWAY DEVELOPMENT CO. v. BANNOCK COUNTY

No. 18073.

804 P.2d 294 (1990)

119 Idaho 121

FAIRWAY DEVELOPMENT COMPANY, Plaintiff-Appellant, v. BANNOCK COUNTY, Idaho; Lyle Leslie, Bannock County Assessor; Vivian Crozier, Bannock County Treasurer; Tom Katsilometes, Carolyn Meline and George Shiozawa, Bannock County Commissioners, Defendants-Respondents.

Supreme Court of Idaho, Idaho Falls, May 1990 Term.

Rehearing Denied February 6, 1991.

Attorney(s) appearing for the Case

Peterson, Moss, Olsen, Meacham & Carr, Idaho Falls, for plaintiff-appellant. Gregory P. Meacham, argued.

Larry J. Echohawk, Pros. Atty., Michael D. Murphy, Deputy Pros. Atty., Pocatello, for defendants-respondents. Michael D. Murphy, argued.

MAY, Justice, Pro Tem.

This is an appeal from the decision of the District Court that it lacked subject matter jurisdiction over appellant's tax claims. The decision of the district court was based upon the fact that appellant had failed to exhaust its administrative remedies pursuant to Idaho case and statutory law. The issues presented are:

1. In a dispute over the amount of tax assessments, does failure to exhaust administrative remedies deprive the

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