Idaho Code
Idaho Code § 7-302 (2026)
When and by what courts issued.
✓ current as of May 2026
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When and by what courts issued.
It may be issued by the supreme court or any district court to any inferior tribunal, corporation, board or person, to compel the performance of an act which the law especially enjoins as a duty resulting from an office, trust or station; or to compel the admission of a party to the use and the enjoyment of a right or office to which he is entitled, and from which he is unlawfully precluded by such inferior tribunal, corporation, board or person.
Notes of Decisions
Cited in 59
cases (11 in the last 5 years), 1941–2026 · leading case: Regan v. Denney, 437 P.3d 15 (Idaho 2019).
Regan v. Denney, 437 P.3d 15 (Idaho 2019). “Such writs "may be issued ... to compel the performance of an act which the law especially enjoins as a duty resulting from an office, trust or station; or to compel the admission of a party to the use and the enjoyment of a right or office to which he is entitled, and from…”
Coeur d'Alene Tribe v. Lawerence Denney, 387 P.3d 761 (Idaho 2015). “The Governor also asserts that a writ of mandamus is an inappropriate remedy because there is an adequate remedy at the district court level and in the legislature.”
Mickelsen v. City of Rexburg, 612 P.2d 542 (Idaho 1980). “The city council therefore had no discretion to deny him a license; its duty to issue the license was merely ministerial, and the district court therefore erred in not issuing its writ of mandate to compel the city council to perform this duty.”
Idaho Falls Redevelopment Agency v. Countryman, 794 P.2d 632 (Idaho 1990). “As a result of respondents' refusal, the Agency seeks a writ of mandamus to compel them to perform their official duties. I. Requirements for Issuance of Writ of Mandamus Article 5, § 9 of the Idaho Constitution and I.”
Cooper v. Bd. of Cnty. Com'rs of Ada Cnty., 614 P.2d 947 (Idaho 1980). “2d 1285, 1287 (1974); I.C. § 7-302.'" In the Wyckoff case we held that a decision regarding the issuance of a zoning certificate is committed to the discretion of the *954 board.”
State v. Dist. Court, 152 P.3d 566 (Idaho 2007). “§ 7-401; I.C. § 7-302 (writ of mandate); Rim View Trout Co.”
Rufener v. Shaud, 573 P.2d 142 (Idaho 1977). “NOTES [1] I.C. § 7-302 provides for the issuance of writs of mandate: "When and by what courts issued.”
Brady v. City of Homedale, 944 P.2d 704 (Idaho 1997). “§ 7-302: It may be issued by any court except a justice’s or probate court, to any inferior tribunal, corporation, board or person, to compel the performance of an act which the law especially enjoins as a duty resulting from an office, trust or station; or to compel the…”
Kolp v. Bd. of Trs. of Butte Cty. Jt., 629 P.2d 1153 (Idaho 1981). “Quite recently, in the analogous area of mandamus proceedings brought against boards of county commissioners over zoning disputes, this Court clarified and restricted the standard of review of local board actions by holding that mandamus would lie to require action *1156 "only…”
Utah Power & Light Co. v. Campbell, 703 P.2d 714 (Idaho 1985). “2d 343 (1969); I.C. § 7-302. Under I.C. § 50-607, a mayor of a city "shall sign all contracts and conveyances in the name of and on behalf of the City.”
Idahoans for Open Primaries v. Labrador, 533 P.3d 1262 (Idaho 2023). “The Attorney General argues that the Petitioners cannot obtain a writ of mandamus because the Secretary of State does not have a clear legal duty to accept signatures beyond the statutory deadline.”
Idaho Power Co. v. Idaho Dep't of Water Resources, 255 P.3d 1152 (Idaho 2011). “I.C. § 7-302 provides an avenue for a party “to compel the performance of an act which the law especially enjoins as a duty resulting from an office, trust or station----” I.”
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