Fox v. BOUNDARY COUNTY BD. OF COM'RS

SUBSTITUTE OPINION

The Court’s prior opinion, dated April 4, 1988, is hereby withdrawn.

Wayne Fox petitioned for judicial review of the Boundary County Board of County Commissioners’ decision to renew beer licenses for two taverns. The district court dismissed the petition as untimely. Fox has appealed. We are presented with an issue of procedure. We must determine whether Fox had to file the action in district court within twenty days of the commissioners’ decision under I.C. § 31-1509, or within sixty days under I.C. § 23-1015(3) pursuant to the Administrative Procedure Act. For reasons…