Legal Opinion
BHA Investments, Inc. v. City of Boise
Idaho Supreme Court
Decided January 30, 2003No. 28039PublishedCited by 10 opinions
1Opinion of the Court
SCHROEDER, Justice.
Upon selling its liquor license to a third party, BHA. Investments, Inc. (BHA) was required to pay a transfer fee to the City of Boise (the City) equal to 7%% of the sale price, pursuant to Boise City Code section 5-05-10. BHA argues that (1) the City is not specifically authorized by Idaho statute to impose a liquor license transfer fee; (2) the fee is a disguised and unconstitutional tax; (3) the fee is an unconstitutional taking of property for a public purpose without just compensation; and (4) the fee is an unjust enrichment for the City. The district court dismissed…
2Cases cited8 opinions
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Coghlan v. Beta Theta Pi FraternityIdaho Supreme Court · 1999
- Payette River Property Owners Ass'n v. Board of CommissionersIdaho Supreme Court · 1999
- Rim View Trout Co. v. HigginsonIdaho Supreme Court · 1992
- Bradbury v. Idaho Judicial CouncilIdaho Supreme Court · 2001
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Roger Carl Gordon v. Shannon Lee HedrickIdaho Supreme Court · 2015
- BHA Investments, Inc. v. City of BoiseIdaho Supreme Court · 2004
- Farmers National Bank v. Green River Dairy, LLCIdaho Supreme Court · 2014
- State v. Shannon Marie McKeanIdaho Supreme Court · 2015
- Jayo Development, Inc. v. Ada County Board of EqualizationIdaho Supreme Court · 2015
5 more not listed; retrieve them via the Exa API.