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LOOMIS v. CITY OF HAILEY

No. 18321.

807 P.2d 1272 (1991)

119 Idaho 434

Ned LOOMIS and C.A. Grubb, suing on behalf of themselves and others similarly situated, Plaintiffs-Counterdefendants-Appellants, v. CITY OF HAILEY, a municipal corporation of the State of Idaho, Defendant-Counterclaimant-Respondent.

Supreme Court of Idaho, Boise, October 1990 Term.

March 21, 1991.

Attorney(s) appearing for the Case

E. Lee Schlender, Hailey, for plaintiffs-counterdefendants-appellants.

Hogue, Speck & Aanestad, P.A., Ketchum, for defendant-counterclaimant-respondent. J. Stephen Crabtree, argued.

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

BOYLE, Justice.

In this appeal from entry of summary judgment we are required to determine whether the City of Hailey's particular system of charging an initial sewer and water connection fee of $1,800.00 under a city ordinance violates the Idaho Constitution and applicable portions of the Idaho Revenue Bond Act.

FACTS

In 1969 the voters of the City of Hailey approved a $940,000.00 revenue bond to create a more efficient and more sanitary water and...

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