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Story published at magicvalley.com on Tuesday, May 13, 2008
Last modified on Tuesday, May 13, 2008 11:01 AM MDT
Hailey proceeds on marijuana lawsuit

Staff report

Several Hailey city officials sued their city Friday over three pro-marijuana voter initiatives, a course of action aimed at getting a judge to rule against the legality of the measures and bring and end to the controversy.

This lawsuit, which has been in the works for 3 1/2 months, has allowed council members to freeze any implementation pending a judge's ruling.

Plaintiffs Mayor Rick Davis, councilmember Don Keirn and police chief Jeffrey Gunter, all say the initiatives passed by voters in November violate their freedom of speech, conflict with federal law, state law or are otherwise illegal.

Those allegations assembled into a complaint by attorney Keith Roark, have already been raised by city attorney Ned Williamson and the Idaho attorney general.

A judge's ruling, however, carries the force of a final verdict.

The initiatives would legalize medicinal marijuana and industrial hemp, and make the enforcement of marijuana laws a lower police priority. Voters did not approve a fourth initiative to legalize marijuana.





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