BHA INVESTMENTS, INC. v. CITY OF BOISE

Nos. 30004 & 30409.

108 P.3d 315 (2004)

141 Idaho 168

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. Bravo Entertainment, L.L.C., an Idaho Limited Liability Company, and Splitting Kings, L.L.C., and Idaho Limited Liability Company, Plaintiffs-Appellants, v. City of Boise, a body politic corporate of the State of Idaho, Defendant-Respondent.

Supreme Court of Idaho, Boise, February 2005 Term.

February 18, 2004.


Attorney(s) appearing for the Case

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

Cary B. Colaianni, Boise City Attorney, for appellants. J. Paige Wilkins argued.


EISMANN, Justice.

These are consolidated appeals. BHA Investments, Inc. v. City of Boise is an appeal from the district court's decision not to certify the case as a class action. We affirm the district court and award attorney fees on appeal. Bravo Entertainment, L.L.C. v. City of Boise is an appeal from a judgment holding that the City was not required to refund an illegally imposed fee. We affirm the judgment insofar as it dismisses the state causes...

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