HAYDEN LAKE FIRE PROTECTION DIST. v. ALCORN

No. 28996.

111 P.3d 73 (2005)

141 Idaho 388

HAYDEN LAKE FIRE PROTECTION DISTRICT, and all other corporations, entities, or individuals similarly situated, Plaintiffs-Appellants-Cross Respondents, v. James M. ALCORN, Manager of the State Insurance Fund; Drew Forney, former Manager of the State Insurance Fund; W.W. Deal, Milford Terrell, Gerald Geddes, Wayne Meyer, and Marguerite Mc Laughlin, Directors of the State Insurance Fund; the State Insurance Fund, an independent body corporate politic, Defendants-Respondents-Cross Appellants, and State of Idaho, acting by and through the Department of Administration; and State of Idaho, ex rel., Governor Dirk Kempthorne, Intervener, Defendants-Respondents. Kelso & Irwin, P.A., Plaintiff-Appellant-Cross Respondent, v. State Insurance Fund, and Drew Forney, Manager of the State Insurance Fund, individually, pursuant to I.C. 72-907, Defendants-Respondents-Cross Appellants, and State of Idaho, acting by and through the Department of Administration, Defendants-Respondents.

Supreme Court of Idaho, Coeur d'Alene, October 2004 Term.

Rehearing Denied April 26, 2005.


Attorney(s) appearing for the Case

Ball Janik LLP, Portland, Oregon; Starr Kelso, Coeur d'Alene, for appellant's Hayden Lake Fire Protection District, et al. James T. McDermott argued.

Lawrence G. Wasden, Attorney General, Boise, for respondents Alcorn et al. and State Insurance Fund. Michael S. Gilmore argued.

Lawrence G. Wasden, Attorney General, Boise, for respondents State of Idaho, Dept. of Administration. Brian P. Kane argued.


SCHROEDER, Chief Justice.

Hayden Lake Fire Protection District (HLFPD) and Kelso & Irwin, P.A. (Kelso) brought this action against the Idaho State Insurance Fund (SIF) and the State of Idaho (State) challenging the SIF's practices relating to management of its surplus and dividends, and certain real estate investments the SIF made with the State. The district court denied Kelso's and HLFPD's motions for summary judgment, granted the SIF's and the State's motions...

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