Boise City v. Better Homes, Inc.

TAYLOR, Justice.

Boise City, a municipal corporation organized and existing under a special charter, commenced this action in the district court in Ada County on December 18, 1950,. for the purpose of enjoining the defendant from maintaining a lumber yard on its. property located in a “D Commercial” zone.

First the defendant challenges the jurisdiction of the district court, asserting that “it is without jurisdiction of the subject matter.” The objection is based upon the sentence found in section 57, paragraph 3, of the charter, to-wit: “The municipal court shall have exclusive jurisdiction of…