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MDS INVESTMENTS, L.L.C. v. STATE

No. 27778.

65 P.3d 197 (2003)

138 Idaho 456

MDS INVESTMENTS, LLC, an Idaho Limited Liability Company, and J. Hill Investments, LLC, an Idaho Limited Liability Company, Plaintiffs-Appellants, v. The STATE of Idaho, The Idaho Department of Law Enforcement and Alan G. Lance, Attorney General of the State of Idaho, Defendants-Respondents. J. Hill Investments, LLC, an Idaho Limited Liability Company, Plaintiff-Appellant, v. The City of Boise, Idaho, a Municipal corporation, and Susan Lynn Mimura, City Attorney of the City of Boise, Defendants-Respondents.

Supreme Court of Idaho, Boise, December 2002 Term.

February 26, 2003.

Attorney(s) appearing for the Case

Eberle, Berlin, Kading, Turnbow & McKlveen, Chartered, Boise, for appellants. Mark S. Geston argued.

Hon. Alan G. Lance, Attorney General; Clinton E. Miner, Deputy Attorney General, Boise, for respondents State of Idaho, Idaho Department of Law Enforcement, and Alan G. Lance. Clinton Miner argued.

Boise City Attorney's Office, Boise, for respondents City of Boise, Idaho, and Susan Lynn Mimura. Randall S. Grove argued.

EISMANN, Justice.

This is an appeal from a judgment holding that video machines owned and operated by the Plaintiffs are illegal gambling devices. We affirm the judgment of the district court.

I. FACTS AND PROCEDURAL HISTORY

The plaintiffs MDS Investments, LLC, and J. Hill Investments, LLC, own vending machines called "Free Spin" and "Free Draw" (herein "video machines"). On May 28, 1999, law enforcement officials seized in Canyon County three video...

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