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Monday, November 1, 2010

High Court Rules on Mega-Loads

Posted By on Mon, Nov 1, 2010 at 5:01 PM

Late today (Monday, Nov. 1), Idaho's State Supreme Court handed down a ruling in the controversial case surrounding the ConocoPhillips mega-loads awaiting shipment across Idaho's U.S. Highway 12.

The high court vacated District Judge John Bradbury's ruling to halt the Idaho Transportation Dept.'s issuance of permits to allow the massive loads to roll. In effect, the State Supreme Court ruled that the district court lacked jurisdiction.

"The order reversing the ITD's decision to grant overlegal permits to ConocoPhillips is vacated and the case remanded for entry of an order of dismissal without prejudice for lack of jurisdiction," the ruling said.

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Adam Rush, spokesman for the ITD told Citydesk late Monday that the department was still reading the ruling and didn't yet have a comment.

Laird Lucas, of Advocates for the West, who represents three Central Idahoans fighting the mega-loads told Citydesk, "The court ruled that neither we nor the ITD followed the right process. So, we look forward to a fully contested case proceeding, which would allow for a full public hearing."

Laird told Citydesk that after consulting with his clients on Tuesday morning, he expects to file for such a hearing at the offices of the ITD on Tuesday afternoon.

Citydesk asked Laird if the ITD interpreted the same ruling as a green light to issue permits and allow the mega-loads to roll.

"If they do that, we would immediately go back to state district court," said Laird.

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