In a recent government meeting, legislative legal counsel Elizabeth Bowen provided an update on an ongoing lawsuit concerning the proposed sale of the Idaho Transportation Department (ITD) property on State Street. The lawsuit, filed by developers seeking to purchase the property, alleges that House Bills 726 and 770 are unconstitutional, claiming they violate the Idaho Constitution's requirement for bills to address a single subject.

Bowen explained that the petitioners argue the bills amend existing law inappropriately, referencing a 1913 case that asserts appropriation bills cannot modify law. The defendants in the case include the state of Idaho, the Board of Examiners, and the Department of Administration, with the attorney general's office arguing that the court lacks the authority to grant the petitioners' request for the sale to proceed.

The House of Representatives has intervened in the case, asserting that the petitioners lack standing to file the lawsuit. They argue that the petitioners have not demonstrated an injury, that the court can provide redress, or that there is a causal connection between the alleged conduct and the injury. The House contends that the bills satisfy the single subject requirement and that the constitutionality of House Bill 726 does not need to be addressed since House Bill 770 became law first.

Bowen indicated that oral arguments in the case are expected to take place in August, with a decision likely to be reached by September or October. The outcome of the lawsuit could significantly impact the ITD's budget, particularly if the petitioners prevail and the bills are deemed unconstitutional.

The meeting also touched on the broader context of appropriation law, with Bowen set to discuss constitutional provisions related to appropriations in future sessions. The implications of the ongoing litigation and its potential effects on state budgeting were highlighted as critical points of concern for lawmakers moving forward.