(Download) "Sterling H. Nelson & Sons v. John Bender" by 11350 Supreme Court of Idaho Nos. 11348 # Book PDF Kindle ePub Free

July 06, 2021

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Title: Sterling H. Nelson & Sons v. John Bender
Author : 11350 Supreme Court of Idaho Nos. 11348
Release Date : January 29, 1974
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 63 KB

Description

Respondent Sterling H. Nelson & Sons, Inc., hereinafter respondent, a Utah corporation authorized to do business in Idaho, is engaged in the production of trout fish food. From its plant in Utah, respondent transports fish food to the Magic Valley area of Idaho over both the United States Federal Interstate Highway System and the public highways of the State of Idaho. During 1971, respondent's truck drivers, carrying truckloads of fish food, were issued three warning citations and one citation and warrant of arrest by the Idaho Department of Law Enforcement, for violation of Idaho Code §§ 49-901(a) and 49-901(b) (weight limits). Respondent brought an action for declaratory judgment to have IC § 49-901(a) and (b), and 49-901A declared unconstitutional. I.C. § 49-901(a) and (b) applied to the Federal Interstate Highway System, and I.C. § 49-901A applies to the State Highway System. Respondent claims that I.C. § 49-901(c) and § 49-901A exempt certain commodities, i. e., logs, pulpwood, poles or pilings, ores, sand and gravel in bulk, and all unprocessed agricultural commodities including livestock, from the general weight limitations applicable to all trucks and permits trucks carrying those exempt commodities to carry heavier loads. Respondent alleges that the distinction between the processed agricultural commodity which it was carrying and the unprocessed agricultural commodity in the exemption is unconstitutional as a violation of the equal protection of the law, and therefore it is entitled to carry the same loads as trucks carrying unprocessed agricultural commodities. The case was submitted to the district court on a written stipulation of facts. The district court found the classifications set forth in I.C. § 49-901(a) and (b) arbitrary, unreasonable and irrational and held the basic weight restrictions set forth in I.C. § 49-901(a) and (b) to be unconstitutional. The court further held that I.C. § 49-901(c), which established the higher weight limits for logs, ore and unprocessed agricultural commodities, was still in effect and should be the weight limit applicable to all trucks regardless of the type of cargo they were hauling. The judgment of the district court did not encompass the provisions of I.C. § 49-901A which applies to the State Highway System, and appellant has not raised that issue on appeal. Therefore, we do not address that section other than to note the similarity with I.C. § 49-901(a), (b) and (c).