Taggart v. Latah County

ANDERSON, Justice.

This is an action for declaratory judgment, I.C. title 10, chapter 12, brought by owners of licensed beer establishments located in unincorporated territory in Latah County, Idaho, challenging the validity of an ordinance of said county enacted November 15, 1954. The ordinance in question forbids the sale and consumption of beer in these .establishments between midnight and 7 o’clock in the morning on week days and all day Sunday, although state law, I.C. sec. 23-1012, prohibits sale only between the hours of 1 o’clock a. m. and 7 o’clock a. m.

The defendants filed a general…