2005 Idaho Code - 50-1718 — APPEAL PROCEDURE -- EXCLUSIVE REMEDY

                                  TITLE  50
                            MUNICIPAL CORPORATIONS
                                  CHAPTER 17
                          LOCAL IMPROVEMENT DISTRICT
                            CODE -- GUARANTEE FUND
    50-1718.  APPEAL PROCEDURE -- EXCLUSIVE REMEDY. Any person who has filed
objections to the assessment roll or any other person who feels aggrieved by
the decision of the council in confirming the same shall have the right to
appeal to the district court of the county in which the municipality may be
situated. Such appeal shall be made within thirty (30) days from the date of
publication of the ordinance confirming the assessment roll by filing a
written notice of appeal with the clerk of the municipality and with the clerk
of the district court aforesaid describing the property and objections of the
appellant. The appellant shall also provide a bond to the municipality in a
sum to be fixed by the court, but not less than two hundred dollars ($200)
with sureties to be approved by the court, conditioned to pay all costs to be
awarded to the respondent upon such an appeal. After said thirty (30) day
appeal period has run, no one shall have any cause or right of action to
contest the legality, formality or regularity of said assessments for any
reason whatsoever and, thereafter, said assessments and the liens thereon
shall be considered valid and incontestable without limitation.
    If an appeal is filed within said period, the case shall be docketed by
the clerk of said court in the name of the person taking the appeal against
the municipality as "an appeal from assessments." Said cause shall then be at
issue and have precedence over all civil cases pending in said court, except
proceedings under the act relating to eminent domain by cities and actions of
forcible entry and detainer. Such appeal shall be tried in said court as in
the case of equitable causes except that no pleadings shall be necessary. The
judgment of the court shall be either to confirm, modify or annul the
assessment insofar as the same affects the property of the appellant, from
which judgment an appeal may be taken to the Supreme Court as provided by law.
In case the assessment is confirmed, the fees of the clerk of the municipality
for copies of the record shall be taxed against the appellant with other
costs.