Court allows chamber funding
Ketchum’s contract deemed constitutional
"This agreement is more akin to a contract for the services of a
professional engineer, which is clearly within the authority of a municipality."
- Judge J. William Hart, Fifth District Court
By GREG MOORE
Express Staff Writer
The city of Ketchum has survived a court challenge to its funding of the
Sun Valley/Ketchum Chamber of Commerce.
Fifth District Court Judge J. William Hart dismissed two legal actions
filed by local citizen Craven Young and by a group calling themselves the "Burdened
Tax Payers."
The plaintiffs had asked for a writ of prohibition forbidding the city to
make its semi-annual payment to the chamber of $157,500. The contract for the distribution
of tourist information and marketing services is funded by Ketchum’s local option
tax.
The plaintiffs claimed the contract violates three clauses of the Idaho
Constitution prohibiting municipalities from "loaning its credit" to any
"association."
However, Hart ruled that the contract is not an extension of credit, and
is constitutional.
"This agreement is more akin to a contract for the services of a
professional engineer, which is clearly within the authority of a municipality," Hart
wrote in an opinion released on March 31.
In addition to ruling on the substantive issues, Hart also granted a
motion for summary judgment made by the city on the grounds that the plaintiffs lacked
standing to bring the suit.
Hart wrote that the Idaho Supreme Court has ruled that merely being a
taxpayer does not give a person sufficient "personal stake" in a city’s
actions to take it to court.
In an interview, Young expressed disappointment in the court’s
dismissal of the actions.
"This ruling prevents the opportunity to present the facts relative
to corruption and conflict of interest," Young said.
Young, who represented himself, said he is uncertain of whether he will
take the matter further. The other plaintffs’ attorney, Ray Pena, could not be
reached for comment.
