Idaho State Statutes - Idaho Attorney Directory

(1) Any resident or property holder within the
county or highway district system, including the state of Idaho or any of its
subdivisions, or any agency of the federal government, who is aggrieved by a
final decision of a board of county or highway district commissioners in an
abandonment and vacation or validation proceeding is entitled to judicial
review under the provisions of this section.
(2) Proceedings for review are instituted by filing a petition in the
district court of the county in which the commissioners have jurisdiction over
the highway or public right of way within twenty-eight (28) days after the
filing of the final decision of the commissioners or, if a rehearing is
requested, within twenty-eight (28) days after the decision thereon.
(3) The filing of the petition does not itself stay enforcement of the
commissioners' decision. The reviewing court may order a stay upon appropriate
terms.
(4) Within thirty (30) days after the service of the petition, or within
further time allowed by the court, the commissioners shall transmit to the
reviewing court the original, or a certified copy, of the entire record of the
proceeding under review. By stipulation of all parties to the review
proceedings, the record may be shortened. A party unreasonably refusing to
stipulate to limit the record may be ordered by the court to pay for
additional costs. The court may require subsequent corrections to the record
and may also require or permit additions to the record.
(5) If, before the date set for hearing, application is made to the court
for leave to present additional information, and it is shown to the
satisfaction of the court that the additional information is material and that
there were good reasons for failure to present it in the proceeding before the
commissioners, the court may order that the additional information shall be
presented to the commissioners upon conditions determined by the court. The
commissioners may modify their findings and decisions by reason of the
additional information and shall file that information and any modifications,
new findings, or decisions with the reviewing court.
(6) The review shall be conducted by the court without a jury and shall
be confined to the record. In cases of alleged irregularities in procedure
before the commissioners, not shown in the record, proof thereon may be taken
in the court. The court, upon request, shall hear oral argument and receive
written briefs.
(7) The court shall not substitute its judgment for that of the
commissioners as to the weight of the information on questions of fact. The
court may affirm the decision of the commissioners or remand the case for
further proceedings. The court may reverse or modify the decision if
substantial rights of the appellant have been prejudiced because the
commissioners' findings, inferences, conclusions or decisions are:
(a) In violation of constitutional or statutory provisions;
(b) In excess of the statutory authority of the commissioners;
(c) Made upon unlawful procedure;
(d) Affected by other error of law;
(e) Clearly erroneous in view of the reliable, probative and substantial
information on the whole record; or
(f) Arbitrary or capricious or characterized by abuse of discretion or
clearly unwarranted exercise of discretion.

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