Legal Opinion · Dissent

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

Idaho Supreme Court

Decided December 1, 2010No. 37528Published

1DissentBurdick, J.

The facts in this case are not in dispute. The record clearly demonstrates that the Land Board is exceeding its discretion in leasing the cottage sites for less than market value and failing to obtain the maximum long-term financial return for the beneficiaries, which is a violation of both I.C. § 58-310A and the Idaho Constitution. The majority does not deny this, instead finding that the Attorney General has other plain, speedy and adequate remedies available.

A. There is no other plain, speedy and adequate remedy available in the ordinary course of law.

It should be noted that the…

2Cases cited14 opinions

  1. Stein v. MorrisonIdaho Supreme Court · 1904
  2. Maurer v. MitchellCalifornia Supreme Court · 1878
  3. Balderston v. BradyIdaho Supreme Court · 1910
  4. Pike v. State Board of Land CommissionersIdaho Supreme Court · 1911
  5. Crooks v. MaynardIdaho Supreme Court · 1987

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