Associated Taxpayers of Idaho, Inc. v. Cenarrusa ( 1986 )

OPINION

WHEREAS, Petitioners filed an APPLICATION FOR WRIT OF PROHIBITION with supporting brief and affidavit of Russell Westerberg; and thereafter served copies of the Application to all real parties in interest and potential parties in interest, including Pete Cenarrusa, Secretary of State; Vote Yes for Idaho’s Economy; Idahoans for the Right To Vote On Lotteries; Idaho Allied Christian Forces, Inc.; and thirty-one individuals who originally signed the lottery initiative petition; and the Court subsequently granted Motions to Intervene by Mike Blackbird, et al, and Help Idaho Thrive; and the Court received Answers and supporting documents by Cenarrusa, Vote Yes for Idaho’s Economy, Mike Blackbird, et al, and Help Idaho Thrive; and thereafter, the Court set oral arguments on September 5, 1986; and

WHEREAS, after oral argument, the Court having considered all of the above documents and arguments; and

NOW, THEREFORE, IT IS HEREBY ORDERED, that the APPLICATION FOR WRIT OF PROHIBITION be, and it is hereby, DENIED.

IT IS FURTHER ORDERED THAT, attorney fees and costs be, and hereby are, DENIED.

Order of the Court is joined in by DONALDSON, C.J., and SHEPARD and BISTLINE, JJ. BAKES and HUNTLEY, JJ., would grant the writ.