Hawkins v. Bonneville County Board of Commissioners

Chief Justice EISMANN,

specially concurring.

I concur in the majority opinion with this proviso. Idaho Code § 67-5279 governs judicial review by the district court. Subsection (3) limits the scope of review and the relief that can be granted. That subsection provides that the court shall affirm the agency action unless the party seeking judicial review establishes at least one of the five types of errors listed.

Subsection (4) provides that the agency action “shall be affirmed unless substantial rights of the appellants have been prejudiced.” Because the statute governs judicial review by the…