TITLE 31

COUNTIES AND COUNTY LAW

CHAPTER 9

RECLAMATION, DRAINAGE AND DROUGHT RELIEF — COOPERATION WITH FEDERAL AGENCIES

31-904.  Hearing and decree on petition for confirmation — Appeal to Supreme Court. Upon the hearing of said petition, the court shall examine the petition filed with the clerk of the board of county commissioners and the proceedings had thereunder, and if any contest be made upon the facts as found by the board, the court may hear evidence thereon for the purpose of determining whether there is an [any] substantial evidence to support the findings and decision of the board. If the court finds that the proceedings of the board were taken and had substantially in accordance with the provisions of this act, and that the board had jurisdiction and authority to make the order, it shall, by its decree, approve and confirm the proceedings of the board; otherwise, it shall vacate and set aside the findings and order as made by the board, or modify or amend the same to conform to the facts as found and determined by the court. Any party aggrieved by the decree or order of the court may appeal therefrom, within thirty (30) days after the entry of such decree or order, to the Supreme Court of the state of Idaho. The provisions of the statutes governing appeals in civil actions shall apply to appeals under this act.

History:

[31-904, added 1935 (1st E.S.), ch. 52, sec. 4, p. 137.]