Idaho Code 67-5272 – Venue — Form of Action
Current as of: 2023 | Check for updates
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(1) Except when required by other provision of law, proceedings for review or declaratory judgment are instituted by filing a petition in the district court of the county in which:
(a) the hearing was held; or
(b) the final agency action was taken; or
(c) the aggrieved party resides or operates its principal place of business in Idaho; or
(d) the real property or personal property that was the subject of the agency decision is located.
(2) When two (2) or more petitions for judicial review of the same agency action are filed in different counties or are assigned to different district judges in the same county, upon motion filed by any party to any of the proceedings for judicial review of the same agency action, the separate consideration of the petitions in different counties or by different district judges shall be stayed. The administrative judge in the judicial district in which the first petition was filed, after appropriate consultation with the affected district judges and the affected administrative judges, shall then order consolidation of the judicial review of the petitions before one (1) district judge in one (1) county in which a petition for judicial review was properly filed, at which time the stay shall be lifted.
Terms Used In Idaho Code 67-5272
- Agency: means each state board, commission, department or officer authorized by law to make rules or to determine contested cases, but does not include the legislative or judicial branches, executive officers listed in section 1, article IV of the constitution of the state of Idaho in the exercise of powers derived directly and exclusively from the constitution, the state militia or the state board of correction. See Idaho Code 67-5201
- Agency action: means :
Idaho Code 67-5201Order: means an agency action of particular applicability that determines the legal rights, duties, privileges, immunities, or other legal interests of one (1) or more specific persons. See Idaho Code 67-5201 Party: means each person or agency named or admitted as a party or properly seeking and entitled as of right to be admitted as a party. See Idaho Code 67-5201 Provision of law: means all or a part of the state or federal constitution, or of any state or federal:
Idaho Code 67-5201Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.