Idaho Code

Idaho Code § 67-5272 (2026)

Venue — Form of action.

✓ current as of May 2026

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Venue — Form of action.

(1) Except when required by other provision of law, proceedings for review or declaratory judgment are instituted by filing a petition in the district court of the county in which:

(a) the hearing was held; or

(b) the final agency action was taken; or

(d) the real property or personal property that was the subject of the agency decision is located.

(2) When two (2) or more petitions for judicial review of the same agency action are filed in different counties or are assigned to different district judges in the same county, upon motion filed by any party to any of the proceedings for judicial review of the same agency action, the separate consideration of the petitions in different counties or by different district judges shall be stayed. The administrative judge in the judicial district in which the first petition was filed, after appropriate consultation with the affected district judges and the affected administrative judges, shall then order consolidation of the judicial review of the petitions before one (1) district judge in one (1) county in which a petition for judicial review was properly filed, at which time the stay shall be lifted.

Notes of Decisions

Cited in 11 cases (1 in the last 5 years), 1996–2021 · leading case: Sagewillow, Inc. v. Idaho Dep't of Water Resources, 70 P.3d 669 (Idaho 2003).

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Sagewillow, Inc. v. Idaho Dep't of Water Resources, 70 P.3d 669 (Idaho 2003). · cites it 4× “As a result, on March 7, 2001, the Snake River Basin Adjudication district court transferred this case back to the District Court of the Seventh Judicial District, in and for Butte County.”

Byrne & Jones Enter., Inc. d/b/a Byrne & Jones Constr. v. Monroe City R-1 Sch. Dist., 493 S.W.3d 847 (Mo. 2016). · cites it 2× “ersy arises”); Idaho Code § 67-9232 (permitting protest of the terms of a solicitation by any vendor within 10 working days, by a nonresponsive bidder within five working days, by a bidder whose bid was considered but rejected within five working days, and “in the case of a sole…”

Gibson v. Ada Cnty., 133 P.3d 1211 (Idaho 2006). · cites it 2× “Idaho Code § 67-5272 (1) states: “Except when required by other provision of law, proceedings for review or declaratory judgment are instituted by filing a petition in the district court.”

Williams v. State, Bd. of Real Est. Appraisers, 239 P.3d 780 (Idaho 2010). · cites it 2× “” Because there is no section 57-5272 in the Idaho Code, it undoubtedly intended section 67-5272. That statute governs the venue of petitions for judicial review; it does not specify what agency actions are reviewable.”

Employers Resource Mgmt Co v. Kealey, 461 P.3d 731 (Idaho 2020). · cites it 2× “See I.C. §§ 67-5272, 5278. Indeed, this Court previously held in the earlier appeal of this case that competitors with standing can challenge IRIA and EAC decisions outside the APA.”

McInturff v. Shippy (In Re Csrba Case No. 49576, Subcase No. 91-7094. ), 447 P.3d 937 (Idaho 2019). · cites it 4× “Venue and jurisdiction over any such action pending on the effective date of this section, or initiated subsequent thereto, shall be in the district court as authorized under the provisions of section 67-5272, Idaho Code, without regard to any other provision of law.”

Idaho Retired Firefighters Ass'n v. Pub. Emp. Ret. Bd., 443 P.3d 207 (Idaho 2019). · cites it 2× “Then, the Board would have jurisdiction under section 67-5232 to issue an order regarding the petition for declaratory judgment.”

Sagewillow, Inc. v. Idaho Dep't of Water Resources, 13 P.3d 855 (Idaho 2000). · cites it 8× “I.C. § 67-5272(1) (emphasis added). Therefore, legislatively defined procedures for review of an IDWR decision allow filing in various district courts “except where required by other provision of law.”

Andrianumearisata v. Gem State Staffing (D. Idaho 2021). · cites it 2× “See Idaho Code Ann. § 67-5272 (West 2021) (stating that “proceedings for review or declaratory judgment are instituted by filing a petition in the district court of the county in which .”

Idaho Retired Firefighters v. Pub. Employy Ret. Bd (Idaho 2019). · cites it 2× “Under the Act, when an agency is presented with a petition for declaratory judgment, it may initiate a contested case. I.C. § 67-5232(2). Then, the Board would have jurisdiction under section 67-5232 to issue an order regarding the petition for declaratory judgment.”

Univ. of Utah Hosp. v. Bd. of Commissioners, 915 P.2d 1375 (Idaho Ct. App. 1996). · cites it 2× “I.C. § 67-5272. However, instead of filing a complaint for a declaratory judgment against CHCCP, the hospital purported to assert, in its appeal from the county commissioners’ decision, an appeal “from the written instruction” of CHCCP “instructing all county commission *521 ers…”

— Idaho Code § 67-5272(1) — 3 cases

Idaho Retired Firefighters Ass'n v. Pub. Emp. Ret. Bd., 443 P.3d 207 (Idaho 2019). “Then, the Board would have jurisdiction under section 67-5232 to issue an order regarding the petition for declaratory judgment.”

Sagewillow, Inc. v. Idaho Dep't of Water Resources, 13 P.3d 855 (Idaho 2000). “I.C. § 67-5272(1) (emphasis added). Therefore, legislatively defined procedures for review of an IDWR decision allow filing in various district courts “except where required by other provision of law.”

Idaho Retired Firefighters v. Pub. Employy Ret. Bd (Idaho 2019). “Under the Act, when an agency is presented with a petition for declaratory judgment, it may initiate a contested case. I.C. § 67-5232(2). Then, the Board would have jurisdiction under section 67-5232 to issue an order regarding the petition for declaratory judgment.”

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