Bradbury v. City of Lewiston
Annotate this CasePetitioner-appellant John Bradbury was resident of the City of Lewiston, Idaho and was an elected member of its city council. While serving in that capacity, he filed a petition alleging nine causes of action concerning various City funds and services, including those related to water, sanitation, wastewater, city streets, the library, and the municipally-owned Bryden Canyon Golf Course. Bradbury contended the City had been collecting excessive utility fees and improperly spending municipal funds. Bradbury sought declaratory and equitable relief. He appealed when the district court dismissed most of his claims at summary judgment, and raised additional errors for appellate review. The Idaho Supreme Court determined only that the district court erred in determining that the Idaho Tort Claims Act (“ITCA”) precluded recovery on a constitutional claim seeking equitable relief. The Court determined a remand was unnecessary where Bradbury conceded he was seeking no such remedy for himself. The Court affirmed the district court in all other respects.
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