Westerberg v. Andrus

BAKES, Justice.

Plaintiffs brought two separate actions claiming that Title 63, ch. 26, Idaho Code (the “lottery initiative”), is unconstitutional. The two actions were consolidated in the district court by stipulation of the parties. The parties stipulated to certain facts and then filed cross motions for summary judgment. The district court ruled for plaintiffs, concluding that the lottery initiative violates Article III, § 20, of the Idaho *402Constitution. Defendants appeal. We affirm.

The following is the factual record that was before the trial court. During February and March of 1986, the…