BINGHAM CTY v. COM'N FOR REAPPORTIONMENT

Nos. 28153, 28197.

55 P.3d 863 (2002)

137 Idaho 870

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, Devaughn Shipley, Wayne Brower, Cleone Jolley, Petitioners, v. IDAHO COMMISSION FOR REAPPORTIONMENT and Peter T. Cenarrusa, Secretary of State of the State of Idaho, Respondents. In the Matter of the Petition Challenging Redistricting Plan L91 and Request for Permanent Injunction of the Implementation of Redistricting Plan L91. Diane Bilyeu, Donna Boe, Roger Chase, Larry W. Ghan, Joni Sorensen And A. Lin Whitworth, Petitioners, v. Idaho Commission for Reapportionment and Pete T. Cenarrusa, Secretary of State of the State of Idaho, Respondents.

Supreme Court of Idaho, Boise, February 2002 Term.

March 1, 2002.


Attorney(s) appearing for the Case

J. Scott Andrew, Blackfoot, Prosecuting Attorney for appellant Bingham County.

Racine, Olson, Nye, Budge & Bailey, Pocatello, for appellant Bilyeu, et al. W. Marcus W. Nye argued.

Hon. Alan G. Lance, Attorney General, Boise, for respondent Pete T. Cenarrusa. Thorpe P. Orton argued.

Hopkins, Roden, Crockett, Hanson & Hoopes, Idaho Falls, for respondent Idaho Commission for Reapportionment. C. Timothy Hopkins argued.


SCHROEDER, Justice.

This is the second challenge to the Idaho Commission on Reapportionment's proposed redistricting plan. This Court previously voided the first plan on the basis that the 10.69% deviation in representation between districts, without justification, violated the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Issues present in this case are whether the plan submitted by the Commission in response is unconstitutional...

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