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HERNDON v. CITY OF SANDPOINT

Docket No. 48975.

531 P.3d 1125 (2023)

Scott HERNDON, Jeff Avery, Idaho Second Amendment Alliance, Inc., and Second Amendment Foundation, Inc., Plaintiffs-Appellants, v. CITY OF SANDPOINT, Festival at Sandpoint, Inc., Defendants-Respondents.

Supreme Court of Idaho, Boise, February 2023 Term.

Opinion Filed: June 22, 2023.

Attorney(s) appearing for the Case

Law Offices of Donald Kilmer, P.C., Caldwell, and Alex Kincaid Law, Emmett, attorneys for Appellants Scott Herndon, Jeff Avery, Idaho Second Amendment Alliance, Inc., and Second Amendment Foundation, Inc. Donald Kilmer argued.

Lake City Law Group PLLC, Coeur d'Alene, attorneys for Respondent City of Sandpoint. Katharine B. Brereton argued.

Bistline Law, PLLC, Coeur d'Alene, attorneys for Respondent Festival at Sandpoint, Inc. Arthur M. Bistline argued.

This appeal concerns whether a private party that leases public property from an Idaho municipality may govern those who come and go from its property during the lease. The short answer is yes.

This case stems from a 2019 lease by the City of Sandpoint ("the City") to The Festival...

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