Person interested or affected may have declaration.
Any person interested under a deed, will, written contract or other writings constituting a contract or any oral contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract or franchise and obtain a declaration of rights, status or other legal relations thereunder.
Notes of Decisions
Hobbs v. Abrams, 657 P.2d 1073 (Idaho 1983).
· cites it 8× “I.C. § 10-1202, the statute controlling who may bring a declaratory judgment action, states that, "[a]ny person interested under a deed, will, written contract or other writings constituting a contract or any oral contract, or whose rights, status or other legal relations are…”
V-1 Oil Co. v. Cnty. of Bannock, 554 P.2d 1304 (Idaho 1976).
· cites it 8× “I.C. § 10-1202, § 2 of the Uniform Declaratory Judgment Act, provides: " 10-1202.”
Wylie v. State, Idaho Transp. Bd., 253 P.3d 700 (Idaho 2011).
· cites it 4× “” I.C. § 10-1202. 7 . The Agreement provides that "[n]o change in the uses specified in this Agreement shall be allowed without modification of this Agreement.”
Gibson v. Ada Cnty., 133 P.3d 1211 (Idaho 2006).
· cites it 4× “She contends this Court has original jurisdiction to issue such a declaratory judgment pursuant to I.C. § 10-1202, which states: Any person interested under a deed, will, written contract or other writings constituting a contract or any oral contract, or whose rights, status or…”
City of Middleton v. Coleman Homes, LLC, 418 P.3d 1225 (Idaho 2018).
· cites it 2× “I.C. § 10-1202 (emphasis added). Appellants' amended answer stated that all four Appellants were "interested parties in the construction and validity of a statute, contract and/or instrument and are therefore entitled to a declaratory judgment with regard to the validity of [the…”
Bettwieser v. New York Irrigation Dist., 297 P.3d 1134 (Idaho 2013).
· cites it 2× “Under Idaho’s Declaratory Judgment Act, a person “whose rights, status or other legal relations are affected by a statute .”
Hayden Lake Fire Prot. Dist. v. Alcorn, 111 P.3d 73 (Idaho 2005).
· cites it 2× “The court found that Plaintiffs fit within the class of persons that have standing to seek declaratory relief under I.C. § 10-1202. They had standing to seek injunctive relief based on their contracts with the SIF.”
Old Cutters, Inc. v. City of Hailey (In re Old Cutters, Inc.), 488 B.R. 130 (Bankr. D. Idaho 2012).
· cites it 8× “Old Cutters argues that Idaho Code § 50-222 , as construed in Steele, does not prevent the Court from granting relief under Idaho’s declaratory judgment statute, Idaho Code § 10-1202 . b. Analysis Idaho Code § 50-222 grants cities the authority to annex lands “which are…”
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