Cole-Collister Fire Protection District v. City of Boise

Although this road has been too-recently traveled before in Ben Lomond, Inc. v. City of Idaho Falls, 92 Idaho 595, 596, 605, 448 P.2d 209, 219 (1968) (dissenting opinion), I once again must dissent from an opinion which can only serve to enervate Idaho cities’ plans to control their futures. Many of the relevant arguments and authorities have been set out in the Ben Lomond case, supra, and I will not reiterate that material here. There are only a few points which are especially worth noting about the majority opinion and its consequences.

The first is that this Court, in declaring this…