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BHA INVESTMENTS, INC. v. CITY OF BOISE

No. 28039.

63 P.3d 482 (2003)

138 Idaho 356

BHA INVESTMENTS, INC., an Idaho corporation, on behalf of itself and all others similarly situated, Plaintiffs-Appellants, v. CITY OF BOISE, a body politic corporate of the State of Idaho, Defendant-Respondent.

Supreme Court of Idaho, Boise, December 2002 Term.

January 30, 2003.

Attorney(s) appearing for the Case

Davison, Copple, Copple & Copple, Boise, for appellants. Edward J. Guerricabeitia argued.

Boise City Attorney's Office, Boise, for respondent. J. Paige Wilkins argued.

SCHROEDER, Justice.

Upon selling its liquor license to a third party, BHA Investments, Inc. (BHA) was required to pay a transfer fee to the City of Boise (the City) equal to 7½% of the sale price, pursuant to Boise City Code section 5-05-10. BHA argues that (1) the City is not specifically authorized by Idaho statute to impose a liquor license transfer fee; (2) the fee is a disguised and unconstitutional tax; (3) the fee is an unconstitutional taking of property...

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