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NOH v. CENARRUSA

No. 28590.

53 P.3d 1217 (2002)

137 Idaho 798

In the Matter of the Petition/Action to Determine the Constitutionality of the Indian Gaming Initiative, Proposition One. Laird NOH; Maxine T. Bell; Paul Christensen; Pamela Eaton; and Bryan Fischer, Petitioners, v. Pete T. CENARRUSA, in his capacity as Idaho Secretary of State, and Ernest L. Stensgar, real party in interest, Respondents, and Idaho Coalition for Indian Self Reliance, Intervenor-respondent.

Supreme Court of Idaho, Boise, September 2002 Term.

August 28, 2002.

Attorney(s) appearing for the Case

Moffatt, Thomas, Barrett, Rock & Fields, Chtd, Boise, for petitioners. Robert E. Bakes argued.

Hon. Alan G. Lance, Attorney General, Boise, for respondent Secretary of State. Michael S. Gilmore argued.

Givens, Funke & Work, Coeur d'Alene, for respondent Stensgar. Raymond C. Givens argued.

Nez Perce Tribe Office of Legal Counsel for intervenor-respondent Idaho Coalition for Indian Self Reliance. Rob Roy Smith argued.

Crowell Law Offices, Kirkland Washington, and Office of Tribal Attorney for Amicus Curiae Shoshone-Bannock Tribe. Scott Crowell argued.

SCHROEDER, Justice.

The Petitioners assert the Indian Gaming Initiative violates the Idaho Constitution's prohibition against gambling, violates notions of equal protection, and that it extinguishes existing debts. The Petitioners seek an order and/or writ prohibiting the Secretary of State from placing the initiative on the November, 2002 ballot. This matter is before the Court upon the petition and a motion to dismiss the petition.

I.

FACTS AND...

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