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Tuesday, May 13, 2008

Commishes Are Defendants in Citizen Lawsuit on Jail Project


THE GUARDIAN was notified late this afternoon a civil complaint has been filed in Third Judicial District Court against the Canyon County Commissioners for violations of Article 8 Section 3 of the Idaho Constitution and Idaho Judicial Confirmation Laws. The filing was made by attorney Dick Harris who is representing the plaintiffs in this matter. The following is a summary of that filing:

1. The Plaintiff's are asking the court to determine if the payments and expenditures to purchase the jail property, engineering, and architectural and other expenses to design/bid/build a jail facility on Hwy 20/26 are violations of the Idaho Constitution and county budget procedures. County has incurred debts and liabilities beyond one budget cycle and have essentially obligated taxpayers without their consent. (Reads no bond election in this matter.)

2. If the purchases, contracts for service and other matters should be declared void.

3. Whether the Commishes should have to seek Judicial Confirmation of any further expenditures related to the jail project.

4. Plaintiffs are also seeking reasonable attorney fees and costs incurred in this action.

5. They are also asking for other and further relief as the Court deems just and proper in the premises stated above.

The assigned judge in this matter is Honorable Raneae J. Hoff Third Judicial District Judge. Mr. Harris has also gone before the judge asking for an injunction to stop all further expenditures and activity on the jail project.

THE GUARDIAN believes there was an Order to Show Cause Motion Hearing with Judge Hoff late this afternoon. Not sure of all the legalities here but the ROA report shows a Motion to "Show Cause Why Preliminary Injunction Should Not Issue Directed to Canyon County". In the ROA (record of action) file there is a memorandum in Support of Temporary Preliminary Injunction.

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