City of Challis v. Consent of the Governed Caucus

SUBSTITUTE OPINION, THE COURT’S PRIOR OPINION DATED AUGUST 20, 2015 IS HEREBY WITHDRAWN.

HORTON, Justice.

This appeal from Custer County relates to proposed repairs and improvements to the City of Challis’ (the City) water distribution system. In 2013, the City initiated a judicial confirmation proceeding seeking approval to incur $3.2 million in debt without a public vote. The Consent of the Governed Caucus (the Caucus) challenged the constitutionality of the City’s request based upon Article VIII, section 3 of the Idaho Constitution. The district court granted the City’s request and the…