Hon. Lawrence G. Wasden v. Idaho State Board of Land Commissioners

SUBSTITUTE OPINION

THE COURT’S PRIOR OPINION DATED DECEMBER 1, 2010 IS HEREBY WITHDRAWN.

HORTON, Justice.

This matter comes before this Court on a petition for issuance of a writ of prohibition, filed by Attorney General Lawrence Wasden. Wasden seeks a writ of prohibition to stop the Director of the Idaho Department of Lands (IDL) George Bacon from executing new lease agreements on recreational home sites located on Priest Lake and Payette Lake (cottage sites). Wasden argues that the proposed lease agreements (cottage leases) for the cottage sites violate both the Idaho Constitution and I.C. §…