Judicial Review Process

Idaho Code 67-6521 Idaho Code 67-5270 Idaho Civil Rule 84


Notice:  This page is not a substitute for independent review of Idaho Code and consultation with an attorney.

When City Council has made a final decision on Planning and Zoning, Design Review, or Historic Preservation matters, anyone affected by that decision may file an appeal to District Court.  The appeal is referred to as a judicial review.  When City Council's decision is appealed to District Court, the City is required to put together a record of the Council proceedings.  This page sets forth the responsibilities and time lines for the City and the person appealing the decision.

Idaho Code 67-6521. ACTIONS BY AFFECTED PERSONS.
(1) (a) As used herein, an affected person shall mean one having an interest in real property which may be adversely affected by the issuance or denial of a permit authorizing the development.
(d) An affected person aggrieved by a decision may within twenty-eight (28) days after all remedies have been exhausted under local ordinances seek judicial review as provided by chapter 52, title 67, Idaho Code.

Idaho Code 67-5270. RIGHT OF REVIEW.
(1) Judicial review of agency action shall be governed by the provisions of this chapter unless other provision of law is applicable to the particular matter.
(2) A person aggrieved by final agency action other than an order in a contested case is entitled to judicial review under this chapter if the person complies with the requirements of sections 67-5271 through 67-5279, Idaho Code.
(3) A party aggrieved by a final order in a contested case decided by an agency other than the industrial commission or the public utilities commission is entitled to judicial review under this chapter if the person complies with the requirements of sections 67-5271 through 67-5279, Idaho Code.

The Appeals or Judicial Review Process

Important:  An Appeal must be filed with the District Court within 28 days of the City's final action.

1.  The Appellant must contact the City Clerk for an estimate of the record costs and deposit the costs before the City will begin to prepare the record.

2.  Unless a stay is granted, the Appellant will be notified when the record is prepared. This will be 14 days after the petition is filed.  The Appellant may review at the City Clerk's office or they may request that the record be sent to them electronically.

3.  The Appellant has 14 days from notification that the record has been prepared, to object to the record and ask that additional information be included.

4.  The City then has 14 days to finalize the record and make a decision on whether or not to include additional information.  The Appellant will be notified that the record is ready and can be picked up at the City Clerk's Office.  Any additional costs or preparation will need to be received before the record can be released.  The City will notify the Appellant if the City will include the additional materials.  If the City does not believe they should be included, the Appellant may petition the court regarding the additional materials.

5.  If the City Clerk over-estimated the costs, the additional sum will be returned to the Appellant.

A request for a takings analysis will stay (temporarily stop) the proceedings and preparations of the record.  If mediation is requested, the City will need the request in writing.  A request for mediation will stay the City from preparing the record.  Other persons affected by this decision may join in the appeal. They will have a chance to object and must pay copying costs in order to obtain a copy of the record.

If you have any questions concerning this process, please contact the City Attorney's office at 384-3870.