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SMITH v. IDAHO COM'N ON REDISTRICTING

Nos. 27760, 27811.

38 P.3d 121 (2001)

136 Idaho 542

In the Matter of the Petition To Enjoin Implementation of the Redistricting Plan. Richard F. SMITH, Douglas Adamson Hancey, Jr., Golden C. Linford, Randolph H. Brown, and John Does 1-100, Petitioners, v. IDAHO COMMISSION ON REDISTRICTING, Tom Stuart, Ray Givens, Karl Shurtliff, Dean Haagenson, Kristi Sellers, John Hepworth, Pete T. Cenarrusa, Idaho Secretary of State, and the State of Idaho, Respondents. In the Matter of the Petition Challenging Legislative Redistricting, Application for Injunctive Relief and Application for Writ of Prohibition. Bingham County, a political subdivision of the State of Idaho, the Board of Bingham County Commissioners, De Vaughn Shipley, Wayne Brower, Cleone Jolley and John Does 1-100, Petitioners, v. Idaho Commission on Redistricting and Pete T. Cenarrusa, Secretary of State of the State of Idaho, Respondents.

Supreme Court of Idaho. Boise, October 2001, Term.

November 29, 2001.

Attorney(s) appearing for the Case

Rigby, Thatcher, Andrus, Rigby, Kam & Moeller, Chtd., Rexburg, for petitioners Richard F. Smith, Douglas Adamson Hancey, Jr., Golden C. Linford, Randolph H. Brown, and John Does 1-100. Gregory W. Moeller argued.

J. Scott Andrew, Bingham County Prosecuting Attorney, Blackfoot, for petitioners Bingham County, Board of Bingham County Commissioners, De Vaughn Shipley, Wayne Brower, Cleone Jolley and John Does 1-100. J. Scott Andrew, Bingham County Prosecuting Attorney, argued.

Hon. Alan G. Lance, Attorney General, Boise, for respondents Idaho Commission on Redistricting, Tom Stuart, Ray Givens, Karl Shurtliff, Dean Haagenson, Kristi Sellers, John Hepworth, Pete T. Cenarrusa, Idaho Secretary of State, and the State of Idaho. Thorpe P. Orton, Deputy Attorney General, argued.

TROUT, Chief Justice.

Petitioners Smith et al. (Smith) invoked this Court's original jurisdiction pursuant to article III, § 2, subsection 5 of the Idaho State Constitution and Idaho Appellate Rule 5, seeking injunctive relief against the State of Idaho (the State) regarding redistricting of state legislative districts. In a separate action, Bingham County et al. (Bingham County) filed a substantially similar petition and the two cases were consolidated.

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