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(DOWNLOAD) "Bill Hobbs v. Dean L. Abrams" by Supreme Court of Idaho No. 13923 ~ eBook PDF Kindle ePub Free

Bill Hobbs v. Dean L. Abrams

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eBook details

  • Title: Bill Hobbs v. Dean L. Abrams
  • Author : Supreme Court of Idaho No. 13923
  • Release Date : January 28, 1983
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

The plaintiff-appellant, Hobbs, has an interest in two businesses located in Preston, Idaho and Franklin, Idaho, that are licensed to sell beer in Franklin County. On April 28, 1980, Franklin County Commissioners passed an ordinance (1) banning the sale of keg beer within Franklin County and (2) making it illegal for any person, not a licensed wholesaler or dealer, to possess a keg of beer in the unincorporated areas of Franklin County.[Footnote 1] This ordinance, 80-1, went into effect on May 1, 1980. On May 28, 1980, Hobbs filed a declaratory judgment action against the Franklin County Commissioners, the Franklin County Clerk, the Sheriff for Franklin County and the County. Hobbs claimed that the ordinance prohibited him from carrying on a lawful business and asked that the district court declare the ordinance void. Hobbs filed a motion for summary judgment on July 16, 1980. After a hearing the district court declared that ordinance 80-1 was valid and enforceable and granted summary judgment in favor of the defendants. Hobbs appealed this decision. The respondents preliminarily challenge the appellant's right to proceed by way of a declaratory judgment action. I.C. § 10-1202, the statute controlling who may bring a declaratory judgment action, states that,


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