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Posts tagged: Judge John Mitchell

Spencer & Co. Lose NIC Ruling

1st District Judge John Mitchell has dismissed a lawsuit filed against North Idaho College & the North Idaho College Foundation re: the purchase of the future education corridor, brought by Larry Spencer, Thomas R. Macy, and William McCrory. Mitchell ruled that the plaintiffs lacked standing to bring the lawsuit. Quoth Mitchell: “NIC correctly argues the general rule is taxpayers, such as plaintiffs, do not have standing to challenge government action. … An exception existed earlier in this litigation to allow the taxpayers, plaintiffs, to challenge whether the Lease Agreement was constitutional under Article VIII, § 3. Id. But the constitutionality of the Lease Agreement is now moot, as the lease ceases to exist. This 'repayment of the prepaid rent' now advanced by plaintiffs does not change the fact that the lease no longer exists. No sleight of hand argument by plaintiffs can resurrect the lease that was entirely paid off.” You can read Mitchell's 25-page findings here.  (SR file photo/Jesse Tinsley, of Judge John Mitchell)


Judge: Hart Case ‘Truly Remarkable’

In his quixotic battle to not pay state and federal income taxes, a North Idaho state legislator was clobbered by a windmill Wednesday. Rep. Phil Hart (R-Athol) lost his bid to forestall the Idaho Tax Commission from coming after $53,523 in state income tax he owes. One day after hearing arguments, 1st District Court Judge John Mitchell tossed Hart’s case out on its ear. “Hart’s [motion] lacks any cogent legal argument as to why this Court has jurisdiction,”  Mitchell writes in a tart, 13-page ruling. (pdf) Indeed, Mitchell goes on to say, “Instead of providing legal argument, Hart makes the following circular, wholly unsupported claim that this Court simply assume it has jurisdiction … (emphasis Mitchell’s)” The judge was not amused, and called Hart’s claims “truly remarkable.” But he didn’t mean it in a good way/Kevin Taylor, Inlander. More here.

Question: As the Riddler in the Batman movie would say, “Riddle me this …” How can Phil Hart be a member of the House Judiciary Committee and fail to file a tax appeal in a timely manner?

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D.F. Oliveria is a columnist and blogger for The Spokesman-Review. Print Huckleberries is a past winner of the Herb Caen Memorial Column contest by the National Association of Newspaper Columnists. The Readership Institute of Northwestern University cited this blog as a good example of online community journalism.

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