STATE v. YZAGUIRRE

No. 33048.

163 P.3d 1183 (2007)

STATE of Idaho, Plaintiff-Counterdefendant-Respondent, v. Rick YZAGUIRRE, Chairman, Ada County Board of County Commissioners, Judy Peavey-Derr, Member, Ada County Board of Commissioners, Fred Tilman, Member, Ada County Board of County Commissioners, Defendants-Counterclaimants-Appellants.

Supreme Court of Idaho, Boise, May 2007 Term.

May 25, 2007.


Attorney(s) appearing for the Case

Patrick D. Furey, Boise, for appellants.

Honorable Lawrence G. Wasden, Attorney General, Boise, for respondent. Deputy Attorney General, Mitchell E. Toryanski argued.

Moore, Smith, Buxton & Turcke, Chtd., Boise, for Idaho Association of Counties, as amicus curiae. Susan E. Buxton argued.


SCHROEDER, Chief Justice.

This appeal calls upon the Court to determine the scope of the "litigation exception" to the open meeting law under I.C. § 67-2345(1)(f). The statute has since been amended, addressing the issue in this case, thereby rendering this decision valueless as precedent on the litigation exception. The subsidiary issue of what constitutes "written minutes" could have been removed from the case by transcribing a recording at little cost compared...

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