WASDEN v. STATE BD. OF LAND COM'RS

No. 39084.

280 P.3d 693 (2012)

Hon. Lawrence G. WASDEN, in his capacity as Attorney General of Idaho, ex rel. State Endowment Land Beneficiaries, Plaintiff-Appellant-Cross-Respondent, v. STATE BOARD OF LAND COMMISSIONERS, and George Bacon, in his official capacity as Director of the Idaho Department of Lands, Defendants-Respondents-Cross-Respondents, and Gladys Babcock, et al., Defendants-in-Intervention-Respondents-Cross Appellants, and Priest Lake State Lessees Association, Inc., Defendant Intervenor-Respondent-Cross-Respondent. Gladys Babcock, as Trustee of the Babcock Trust, et al., Plaintiffs-Cross-Appellants, v. Idaho Board of Land Commissioners and George Bacon, In his official capacity as Director of the Idaho Department of Lands, Defendants-Cross-Respondents.

Supreme Court of Idaho, Boise, June 2012 Term.

June 29, 2012.


Attorney(s) appearing for the Case

Hon. Lawrence G. Wasden , Attorney General, Boise, appellant-cross-respondent and for cross-respondents Idaho Board of Land Commissioners and George Bacon. Clive J. Strong argued.

Farley Oberrecht West Harwood & Burke, P.A., Boise, for respondent cross-appellant. Phillip S. Obrerrecht argued.

Charles B. Lempesis , Chtd., Coeur d'Alene, for respondent Priest Lake State Lessees Association, Inc. Charles B. Lempesis argued.


J. JONES, Justice.

This is a consolidation of two actions relating to residential leases on State endowment lands. In one action, the Attorney General sought a declaratory ruling that I.C. § 58-310A, which exempts so-called "cottage site" leases from conflict auctions, is unconstitutional in light of Article IX, § 8 of the Idaho Constitution. The district court determined that I.C. § 58-310A was not violative...

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