LIND v. ROCKLAND SCHOOL DIST. NO. 382

No. 18976.

821 P.2d 983 (1991)

120 Idaho 928

Darrell O. LIND, Plaintiff-Respondent, v. ROCKLAND SCHOOL DISTRICT # 382, Defendant-Appellant.

Supreme Court of Idaho, Pocatello, September 1991 Term.

December 6, 1991.


Attorney(s) appearing for the Case

Imhoff & Lynch, Boise, for defendant-appellant. James B. Lynch, argued.

Stephen G. Larsen, Pocatello, for plaintiff-respondent.


McDEVITT, Justice.

Rockland School District ("RSD") held an election invoking the provisions of I.C. § 33-802(4) to raise $100,000 per year for two years. RSD contemplated using the funds raised to make the initial payments on a "lease/purchase" of a new K-12 school facility, although no lease had been entered into at the time of the election. The levy passed by receiving 55% of the vote. The plaintiff brought suit alleging that the supplemental levy was a disguised...

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