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AMERITEL INNS v. GREATER BOISE AUDITORIUM

No. 30698.

119 P.3d 624 (2005)

AMERITEL INNS, INC.; H. Scott Brown and Edna Brown, husband and wife; Dave Wilder and Cathie Wilder, husband and wife; Steve Bertoni and Julie Bertoni, husband and wife; and George Mc Donough and Aurora Mc Donough, husband and wife, Plaintiffs-Appellants, v. GREATER BOISE AUDITORIUM DISTRICT, Larry May, Michael D. Fitzgerald, Marcy Timm, C. Dan Brown, Stephenson S. Youngerman, and Ed Pilkerton, Defendants-Respondents.

Supreme Court of Idaho, Boise, March 2005 Term.

August 11, 2005.

Attorney(s) appearing for the Case

Brook B. Bond, Boise, for appellants.

Hawley, Troxell, Ennis & Hawley, Boise, for respondents. Eugene Ritti argued.

EISMANN, Justice.

This is an appeal from a judgment dismissing an action seeking to prevent the Greater Boise Auditorium District from expending public funds or employee time to influence a bond election. The district court held that the plaintiffs did not have standing to bring this action and that the Auditorium District was authorized to expend public funds to promote passage of the bond measure. We reverse, holding that AmeriTel Inns, Inc., has standing to bring...

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