Idaho Code

Idaho Code § 10-1211 (2026)

Parties to action — Municipal order or franchise.

✓ current as of May 2026

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Parties to action — Municipal order or franchise.

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.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1952–2026 · leading case: Syringa Networks, LLC v. Idaho Dep't of Admin., 367 P.3d 208 (Idaho 2016).

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Syringa Networks, LLC v. Idaho Dep't of Admin., 367 P.3d 208 (Idaho 2016). · cites it 6× “The parties cite Idaho Code section 10-1211, part of the Idaho Uniform Declaratory Judgment Act, which provides in relevant part that “[w]hen declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the…”

Hartman v. United Heritage Prop. & Cas. Co., 108 P.3d 340 (Idaho 2005). · cites it 5× “Idaho Code § 10-1211 provides, ‘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.”

Tomchak v. Walker, 700 P.2d 68 (Idaho 1985). · cites it 2× “” I.C. § 10-1211. Finally, the fact that a county has the power to abandon unnecessary roads within the county road system, see I.”

Melgard v. Moscow Idaho Seed Co., 251 P.2d 546 (Idaho 1952). “The court in that case held that the notes represented a part of the expenses incurred in the operation of the business, allowed them as a credit to the trustee and, the notes having been admitted in evidence, directed they be returned to Melgard.”

Ridgeline Med., LLC v. Lyon (Idaho 2026). · cites it 2× “Following this decision, but prior to entry of final judgment, the Idaho Attorney General filed a motion, pursuant to Idaho Code section 10-1211, to intervene on behalf of the State of Idaho to defend the constitutionality of the IPA.”

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