Idaho Statutes

§ 10-1211 — PARTIES TO ACTION — MUNICIPAL ORDER OR FRANCHISE

Idaho·Title 10 ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS·Ch. 12 DECLARATORY JUDGMENTS
When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party, and shall be entitled to be heard, and if the statute, ordinance or franchise is alleged to be unconstitutional, the attorney general of the state shall also be served, and be entitled to be heard and may intervene.

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Related

Tomchak v. Walker
700 P.2d 68 (Idaho Supreme Court, 1985)
18 case citations
Hartman v. United Heritage Property & Casualty Co.
108 P.3d 340 (Idaho Supreme Court, 2005)
15 case citations

Legislative History

[10-1211, added 1933, ch. 70, sec. 11, p. 113; am. 1983, ch. 129, sec. 1, p. 325; am. 1998, ch. 235, sec. 1, p. 792.]

Nearby Sections

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