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MEAD v. ARNELL

No. 18231.

791 P.2d 410 (1990)

117 Idaho 660

David R. MEAD, Chairman, Fred E. Marienau, Ronald V. Harlow, Donna L. Parsons, Wylla D. Barsness, Robert C. Stanton, and Maureen A. Finnerty, in their official capacity as the Idaho Board of Health and Welfare, Applicants, v. W. Bruce ARNELL, Director of the District VII Health Department and J. Albert Laird, Board Member, Chairman, and in his representative and official capacity as the Board of the District VII Health Department, and Tom Boyd, Representative and Speaker in his official capacity as the presiding officer of the House of Representatives of the Centennial Idaho Legislature, and Michael D. Crapo, Senator and President Pro Tem in his official capacity as the presiding officer of the Centennial Idaho Legislature, and as the official representatives of the Idaho Legislature, Respondents.

Supreme Court of Idaho.

Rehearing Denied June 4, 1990.

Attorney(s) appearing for the Case

Jim Jones, Idaho Atty. Gen., and Michael R. DeAngelo, Deputy Atty. Gen., Boise, for applicants. Michael R. DeAngelo, argued.

Hopkins, French, Crockett, Springer & Loopes, Idaho Falls, for respondents, Arnell, et al. Gregory L. Crockett, argued.

Moffatt, Thomas, Barrett, Rock & Fields, Boise, for respondents, Boyd, et al. Patrick J. Kole, argued.

McDEVITT, Justice.

The issues presented to this Court by this petition are issues that have been much debated; and in support of and in opposition to each side of this argument learned scholars and professors have set pen.1

On each side of this issue are arrayed knowledgeable and intelligent individuals who argue that a decision following one course would result in the usurpation and a disruption, if not dislocation, of the function...

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