Young v. City of Ketchum

44 P.3d 1157, 137 Idaho 102, 2002 Ida. LEXIS 47
CourtIdaho Supreme Court
DecidedMarch 26, 2002
Docket26540
StatusPublished
Cited by80 cases

This text of 44 P.3d 1157 (Young v. City of Ketchum) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Young v. City of Ketchum, 44 P.3d 1157, 137 Idaho 102, 2002 Ida. LEXIS 47 (Idaho 2002).

Opinions

TROUT, Chief Justice.

Baxter Young et. al. (“Plaintiffs”) brought a suit against the City of Ketchum (“the City”) alleging that the City’s involvement in a professional services contract and a related lease with the Sun Valley-Ketchum Chamber of Commerce (“the Chamber”) violates I.C. 8 50-1043 et seq., Article 8 § 2, 3, 4 and Article 12 § 4 of the Idaho Constitution. Plaintiffs appeal the district judge’s decision granting the City’s Motion to Dismiss for lack of standing and denying Plaintiffs’ Petition for Writ of Prohibition.

I.

FACTUAL AND PROCEDURAL HISTORY

Baxter Young filed a pro se complaint against the City for declaratory relief and petition for writ of prohibition, alleging that the payment of proceeds from a local option tax by the City to the Chamber violates I.C. 8 50-1043 et. seq. and Article 8 § 2, 3, 4 and Article 12 § 4 of the Idaho Constitution. Several property owners in Ketchum filed a separate complaint, containing essentially the same arguments. The district judge consolidated the two cases. The collective group of Plaintiffs consists of concerned citizens who reside in and pay property taxes to the City.

The crux of this case relates to the validity of a professional services contract between the City and the Chamber. The contract requires the Chamber “to provide distribution of tourist information to the general public and to provide professional marketing services to promote the Ketchum Sun Valley area.” The marketing services required by the contract include providing the City with a visitor information center, and to promote and market the area and local special events. In consideration for these services, the City is required to pay the Chamber money, which is raised via the local option tax. The local option tax is authorized by I.C. 8 50-1044, granting Idaho resort cities the authorization to implement local option nonproperty taxes by a majority vote of the city’s citizens.1 The City is designated a resort city under I.C. 8 50-1044. The City also executed a one-year lease agreement with the Chamber related to the personal services contract whereby the Chamber rents office space and the tourist information center from the City for $31,000.

The City filed a motion to dismiss under I.R.C.P. 12(b)(6). The district judge granted the City’s motion to dismiss with prejudice on the grounds Plaintiffs lacked standing.

[104]*104II.

STANDARD OF REVIEW

The district judge stated the standard for reviewing a 12(b)(6) motion is the same as that applicable to motions for summary judgment. This is true insofar as the non-moving party is entitled to have all inferences from the record viewed in his favor. However, once such inferences are drawn, the motions are treated differently. A 12(b)(6) motion looks only at the pleadings to determine whether a claim for relief has been stated. A motion for summary judgment looks to the evidence to see if there are any issues of material fact and whether the moving party is entitled to a judgment as a matter of law.

I.R.C.P. 12(b) states:

If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56....

While the district judge made reference to the summary judgment standard, it does not appear that he took any other evidence outside of the pleadings into consideration, treating the motion purely as a motion to dismiss and not one for summary judgment, because there are no affidavits or any other evidence in the record. Thus, we review the trial court’s ruling as a grant of the motion to dismiss, rather than summary judgment.

When we review an order dismissing a case pursuant to I.R.C.P. 12(b)(6), the non-moving party is entitled to have all inferences from the record viewed in his favor. Orthman v. Idaho Power Co., 126 Idaho 960, 961, 895 P.2d 561, 562 (1995) (citing Miles v. Idaho Power Co., 116 Idaho 635, 637, 778 P.2d 757, 759 (1989)). After drawing all inferences in the non-moving party’s favor, we then ask whether a claim for relief has been stated. Id. “The issue is not whether the plaintiff will ultimately prevail, but whether the party is entitled to offer evidence to support the claims.” Id. (citations and internal quotations omitted). Thus, we must initially examine whether Plaintiffs have sufficiently alleged the requisite elements of standing in their complaint to survive a 12(b)(6) motion to dismiss.

III.

DISCUSSION

The Plaintiffs have not sufficiently alleged they have standing.

It is a fundamental tenet of American jurisprudence that a person wishing to invoke a court’s jurisdiction must have standing. Van Valkenburgh v. Citizens for Term Limits, 135 Idaho 121, 124, 15 P.3d 1129, 1132 (2000). Standing is a preliminary question to be determined by this Court before reaching the merits of the case. Miles v. Idaho Power Co., 116 Idaho 635, 637, 778 P.2d 757, 759 (1989). The doctrine of standing is a subcategory of justiciability. Id. at 639, 778 P.2d at 761. As this Court has previously noted, the doctrine is imprecise and difficult to apply. Id. at 641, 778 P.2d at 763 (citing Valley Forge College v. Americans United, 454 U.S. 464, 102 S.Ct. 752, 70 L.Ed.2d 700 (1982)). Standing focuses on the party seeking relief and not on the issues the party wishes to have adjudicated. Van Valkenburgh at 124, 15 P.3d at 1132; Boundary Backpackers v. Boundary County, 128 Idaho 371, 375, 913 P.2d 1141, 1145 (1996) (quoting Miles at 639, 778 P.2d at 761). To satisfy the case or controversy requirement of standing, a litigant must “allege or demonstrate an injury in fact and a substantial likelihood the relief requested will prevent or redress the claimed injury.” Id. (citations omitted). This requires a showing of a “distinct palpable injury” and “fairly traceable causal connection between the claimed injury and the challenged conduct.” Miles at 639, 778 P.2d at 761 (internal quotations omitted). But even if a showing can be made of an injury in fact, standing may be denied when the asserted harm is a generalized grievance shared by all or a large class of citizens. Id. (quoting Warth v. Seldin, 422 U.S. 490, 95 S.Ct. 2197, 45 L.Ed.2d 343 (1975)); Miles, 116 Idaho at 641, 778 P.2d at 763 (stating “a citizen and taxpayer may not challenge a governmental enactment where the injury is [105]*105one suffered by all citizens and taxpayers alike.”); Bopp v. City of Sandpoint,

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Cite This Page — Counsel Stack

Bluebook (online)
44 P.3d 1157, 137 Idaho 102, 2002 Ida. LEXIS 47, Counsel Stack Legal Research, https://law.counselstack.com/opinion/young-v-city-of-ketchum-idaho-2002.