Bopp v. City of Sandpoint

I

If counsel for the parties and the district judge on reading the majority opinion recognize that it is the same case with which they wrestled, it will be a welcome surprise. The court below did not rule that the plaintiffs had failed to plead a cause of action, but rather ruled that the plaintiff was without standing to maintain the action. “The Court will first address the claim that Plaintiff does not have standing to maintain this action.” R., Yol. 2, p. 245. Relying almost entirely on Canady v. Coeur d’Alene Lumber Co., 21 Idaho 77, 120 P. 830 (1911), which the trial court thoroughly…