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Idaho Supreme Court Grants Appeal

Idaho Supreme Court Grants Appeal

On August 16, 2011, the Idaho Supreme Court granted the motion for permissive appeal submitted by four Tetonia referendum voters. This appeal stems from the District Court's denial of their petition to intervene in the underlying action by which the Plaintiff (Richard Egbert Family Partnership) seeks to declare the May 25, 2010 referendum election repealing the annexation of 267-acres of wetlands and open space owned the Plaintiff. (aka "Egbert Annexation")

Permissive appeals are only granted in truly exceptional cases where there is a controlling question of law as to which there is substantial difference of opinion and in which an immediate appeal may materially advance the orderly resolution of the litigation. In this case, the District Court denied the voters' permissive appeal, but it was subsequently granted by the Idaho Supreme Court and will now proceed forward as if from a final judgment from the District Court. At issue in the appeal is:

  1. Whether the voters have a right of immediate appeal because they were denied participation in this lawsuit that was initiated by the Plaintiff to declare their votes null and void.
  2. Whether these four voters have standing to intervene in this underlying action, particularly in light of Tetonia's refusal to defend the referendum election successfully repealing the Egbert Annexation.
  3. Whether the lawsuit can even proceed without their participation as a party.  

CLICK HERE to learn more about the voters' appeal.

CLICK HERE to learn more about why the voters intervened in the lawsuit in the first place.

CLICK HERE to review the comments VARD submitted to Tetonia and the Department of Environmental Quality regarding the City's plans to improve their water system to potentially include using the water rights associated with the irrigation well on the Egbert property. 



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