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Eye On Boise

Wed., Nov. 25, 2009, 12:45 p.m.

High court upholds urban renewal

The Idaho Supreme Court has upheld a Rexburg urban renewal project in a case that was being closely watched by urban renewal agencies around the state. In a unanimous ruling authored by Justice Joel Horton, the high court upheld a 7th District Court ruling rejecting a challenge to the project by Rexburg resident Kenneth Hart, who contended it was unconstitutional. Hart acted as his own attorney in the district court case, but was represented by attorney John Runft in the Supreme Court appeal.

At issue was a $6.3 million revenue allocation bond issue to fund a project including a public pool, community center and sports fields. Hart argued that a court couldn't grant the Rexburg Urban Renewal Agency permission for the bond issue because the agency was just an "alter ego" of the city, and the city's ability to go into debt is limited by the Idaho Constitution. The court held that "urban renewal agencies are not the 'alter egos' of cities under the law," so the bond issue wasn't unconstitutional. Nine urban renewal agencies filed amicus briefs siding with the Rexburg urban renewal agency; you can read the Supreme Court decision here.




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Betsy Z. Russell
Betsy Z. Russell joined The Spokesman-Review in 1991. She currently is a reporter in the Boise Bureau covering Idaho state government and politics, and other news from Idaho's state capital.

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