The city of Idaho Falls will appeal of an earlier U.S. District Court decision regarding the North Loop transmission project.
The case will go before the 9th Circuit Court of Appeals on Oct. 1.
The city is appealing the U.S. District Court's summary judgement in favor of the Alliance for Property Rights. The alliance is trying to stop the city from condemning property outside city limits to construct an electric transmission line.
The lower court decided the city lacked authority to exercise eminent domain outside its incorporated boundaries.
An appellate panel consisting of Circuit Judges Sidney R. Thomas of Billings, Mont., N. Randy Smith of Pocatello and Senior Circuit Judge Mary M Schroeder of Phoenix, Ariz., will hear three cases as part of a special sitting at the University of Idaho College of Law in Moscow, Idaho.
The proceedings will begin at 10 a.m. on the first floor of the Menard Law Building.