OSMUNSON v. STATE

No. 24918.

17 P.3d 236 (2000)

135 Idaho 292

Willard OSMUNSON, as a Bonner County School District # 82 "Patron"; and individually; and as guardian ad litem on behalf of his two children, Evie Osmunson and Kristy Osmunson, Plaintiffs-Respondents, v. STATE of Idaho, Defendant-Appellant, and Bonner County School District # 82, a municipal corporation, Defendant.

Supreme Court of Idaho, Coeur d'Alene, April 2000 Term.

Rehearing Denied December 28, 2000.


Attorney(s) appearing for the Case

Hon. Alan G. Lance, Attorney General; Boise, for appellant. Michael S. Gilmore, Deputy Attorney General argued.

Huntley & Olson, Boise, for respondents. Robert C. Huntley, Jr., argued.


WALTERS, Justice.

This is a permissive appeal from the district court's interlocutory ruling that several provisions of the Constitutionally Based Education Claims Act, I.C. § 6-2201 et seq. (CBECA) are unconstitutional and that the CBECA's severability clause cannot save it from being struck down in its entirety. This Court upholds the constitutionality of the CBECA and, accordingly, we reverse the district court's ruling and remand the case for further...

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