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Tuesday, October 22, 2019  Spokane, Washington  Est. May 19, 1883
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Eye On Boise

Idaho SupCourt orders procedural errors in grocery tax veto lawsuit fixed, or case will be dismissed

The Idaho Supreme Court building in Boise (Betsy Z. Russell / SR)
The Idaho Supreme Court building in Boise (Betsy Z. Russell / SR)

The Idaho Supreme Court issued an order this morning in the challenge by 30 state lawmakers to Gov. Butch Otter’s veto of the grocery tax repeal bill, but it’s on a couple of procedural issues only. According to the order, the lawsuit had two procedural problems: The party being sued, Idaho Secretary of State Lawerence Denney, wasn’t served with the lawsuit by mail at the same time it was filed, as required by court rules; and several attachments to the brief that was filed with the petition should have been attached to the petition, not the brief, in order to assert them as evidence in the case.

“It is ordered that the Petition must be properly served pursuant to I.A.R. 5 and the exhibits that were attached to the Affidavit must be attached to the Petition within the next ten (10) days from the receipt of this Order, or the case will be dismissed,” the court’s order says.

Denney, asked if he’d gotten notice that the lawmakers were suing him, said this morning, “I knew that they were, but we never did receive anything officially.” After hearing of the court’s order, he said with a chuckle, “I suspect that we will have it shortly.” You can read my full story here at

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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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