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In re Petition/Action to Determine the Constitutionality of the Indian Gaming Initiative Proposition One8/28/2002
2002 Opinion No. 112
Original Proceedings Retained by the Supreme Court of the State of Idaho. The petition to determine the constitutionality of the Indian Gaming Initiative, Proposition One, is dismissed.
The Petitioners assert the Indian Gaming Initiative violates the Idaho Constitution's prohibition against gambling, violates notions of equal protection, and that it extinguishes existing debts. The Petitioners seek an order and/or writ prohibiting the Secretary of State from placing the initiative on the November, 2002 ballot. This matter is before the Court upon the petition and a motion to dismiss the petition.
I. FACTS AND PROCEDURAL HISTORY
The Indian Gaming Initiative (Proposition One) has qualified to appear on the ballot in the November 2002 general election. Proposition One would create two new Idaho statutes, Idaho Code §§ 67-429B and 67-429C, which would allow Indians to continue with the same type of gambling they currently conduct under the tribal-state compact and allow the use of electronic gaming machines which the statute would specifically declare not to be slot machines or simulations of slot machines. The statutes would also allow the tribes to amend their compact with the State to allow this type of gambling.
Petitioners Laird Noh, Maxine Bell, Paul Christensen, Pamela Eaton, and Bryan Fisher filed an original action in this Court pursuant to Article III, § 19 of the Idaho Constitution, Idaho Code § 34-1809, and Article V, § 9 of the Idaho Constitution. The Petitioners seek a declaration that Proposition One violates the Idaho Constitution and a writ prohibiting Proposition One from appearing on the November ballot. The Respondents have moved to dismiss the petition. Hearings on the petition and the motion to dismiss were consolidated.
II. THE PETITION DOES NOT PRESENT A JUSTICIABLE CONTROVERSY
Idaho Code § 34-1809 allows any "qualified elector" to file suit after the Attorney General has issued a certificate of review. The Petitioners are qualified electors and a certificate of review was issued on July 12, 2001. The Petitioners maintain that I.C. § 34-1809 requires the Court to decide the validity of Proposition One at this time. The Secretary of State agrees with the Petitioners. The remaining respondents argue that the case is not justiciable. The standards of justiciability are set forth in Harris v. Cassia County, 106 Idaho 513, 516, 681 P.2d 988, 991 (1984).
While the elements of an actual or justiciable controversy are not subject to a mechanical standard, the United States Supreme Court aptly summarized the pivotal elements of a justiciable controversy in Aetna Life Insurance Co. v. Haworth, 300 U.S. 227, 57 S.Ct. 461, 81 L.Ed. 617 (1937).
"A 'controversy' in this sense must be one that is appropriate for judicial determination. . . . A justiciable controversy is thus distinguished from a difference or dispute of a hypothetical or abstract character; from one that is academic or moot. . . . The controversy must be definite and concrete, touching the legal relations of parties having adverse legal interests. . . . It must be a real and substantial controversy admitting of specific relief through a decree of a conclusive character, as distinguished from an opinion advising what the law would be upon a hypothetical state of facts." 300 U.S. at 240-41, 57 S.Ct. at 464 (citations omitted). See also Sanchez v. City of Santa Fe, 82 N.M. 322, 481 P.2d 401 (1971); Cummings Construction Co. v. School District No. 9, 242 Or. 106, 408 P.2d 80 (1965); Brown v. Oregon State Bar, supra.
We believe this federal standard provides a concise guideline for our analy
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