(Download) "Rim View Trout Company v. Idaho Department" by Supreme Court of Idaho No. 18704 * Book PDF Kindle ePub Free
eBook details
- Title: Rim View Trout Company v. Idaho Department
- Author : Supreme Court of Idaho No. 18704
- Release Date : January 24, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Plaintiff, Rim View Trout Company ("Rim View"), filed a petition for a writ of prohibition alleging that the director of the
Idaho Department of Water Resources ("IDWR") was without jurisdiction to order the installation of measuring and recording
devices on Rim View's water diversion works on Niagara Springs Creek. The district court dismissed the petition. We affirm. The director of IDWR ordered Rim View to install and maintain measuring and continuous recording devices to measure and record
the amount of water diverted from Niagara Springs Creek. After an administrative hearing, IDWR adopted the decision of the
hearing examiner. Rim View failed to appeal this decision by either filing a petition for rehearing within the twenty (20)
day time limit as prescribed by IDAPA Rule 37.11,1, or a petition for judicial review within the thirty (30) day time limit
provided by I.C. § 67-5215(b). Rim View did file a Petition for Rehearing and Alternate Motion to Reopen Proceedings
forty-nine (49) days after the decision of the director was issued. That petition was denied. Rim View then instituted the
present action thirty (30) days after the petition to reopen was denied, and ninety-four (94) days after the director issued
the order requiring Rim View to install measuring and recording devices.
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