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What's Going on in Idaho?

November 8, 2010

The Idaho Supreme Court appears to have checked out for the summer. Gone fishin’ it seems. And for bait it has opened up a colossal can of worms.

On July 8, 2010, the court issued its now infamous decision in The City of Idaho Falls v. Jared Fuhriman. The court determined that the City of Idaho Falls’ 2011 power purchase agreement (“2011 PPA”) with the Bonneville Power Administration (“BPA”) violates Article VIII, § 3 of the Idaho Constitution. This provision prohibits Idaho cities from incurring any liability exceeding in that year the revenue provided for such year without first obtaining approval from two-thirds of the city’s voting population. This prohibition does not apply, however, to any “ordinary and necessary expense authorized by the general laws of the state.”.....Read More

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