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PLUMMER v. CITY OF FRUITLAND

No. 27999.

87 P.3d 297 (2004)

139 Idaho 810

Teresa D. and David M. PLUMMER, dba T and M Sanitation, Plaintiffs-Appellants, v. CITY OF FRUITLAND, Fruitland City Council, Thomas E. Limbaugh, Rick S. Watkins, and Bert L. Osborn, Defendants-Respondents, City of Fruitland, Counterclaimant-Respondent, v. Teresa D. and David M. Plummer, dba T and M Sanitation, Counter defendants-Appellants.

Supreme Court of Idaho, Boise, November 2003 Term.

February 27, 2004.

Attorney(s) appearing for the Case

Ringert, Clark, Chtd., Boise, for appellants. James G. Reid argued.

Moore, Baskin & Parker, Boise, for respondent. Paige A. Parker argued.

Mason & Friedlander, Coeur d'Alene, for Amicus Idaho Association of Cities. Jerry D. Mason argued.

Stoel Rives LLP, Boise, for Amicus Idaho Sanitary Services. Kevin J. Beaton argued.

TROUT, Chief Justice.

On rehearing, Appellants Teresa and David Plummer (Plummers) appeal the district court's decision finding that City of Fruitland Ordinance No. 388 (Ordinance), which enabled Respondent City of Fruitland (City) to grant an exclusive solid waste collection franchise to the Plummers' competition and which made solid waste disposal by any other entity a misdemeanor, was a valid municipal ordinance. This Court's first decision, ___ Idaho ___,

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