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Monday, October 5, 2009

Citizen Jail Law Suit To Get Summary Judgement October 8



Citizens who brought a law suit against the Commishes for spending tax dollars on a new jail project will be decided at the District Court level this Thursday at 1:30 PM. Commishes have been pumping your tax dollars into this for a couple of years sans any voter approvals.

The law suit is all about incurring a debt, liability or obligation without a vote of the people. The Commishes maintained they could do as they pleased as long as they did not go out beyond one budget cycle for what they were doing on the new jail project.

District Court Judge Linda Kopple Trout is struggling with determining when the County Commishes will have crossed the line and created a point of not return on the new jail project. It would be at this point they would have run afoul of the Idaho Constitution and will have incurred long term debt without a vote of the people.

Here we are in the Fall of 2009 and the Commishes are now attempting to pass a $46 million bond election to complete the jail at a site where they have sunk millions of taxpayer dollars. They now need the money from the bond election to complete the project. No more money has been falling from the sky in the form on unbridled growth and development.

Is this the point of no return the judge was looking for or not?
We will all get to find out this Thursday when Judge Linda Kopple-Trout renders her summary judgement. It is any ones guess how the judge will rule.

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