10-1211. 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.
History:
[10-1211, added 1933, ch. 70, sec. 11, p. 113; am. 1983, ch. 129, sec. 1, p. 325; am. 1998, ch. 235, sec. 1, p. 792.]
Structure Idaho Code
Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS
Chapter 12 - DECLARATORY JUDGMENTS
Section 10-1201 - DECLARATORY JUDGMENTS AUTHORIZED — FORM AND EFFECT.
Section 10-1202 - PERSON INTERESTED OR AFFECTED MAY HAVE DECLARATION.
Section 10-1203 - CONSTRUCTION OF CONTRACTS.
Section 10-1204 - REPRESENTATIVES AND PERSONS BENEFICIALLY INTERESTED — RIGHT TO DECLARATION.
Section 10-1205 - ENUMERATION NOT A LIMITATION.
Section 10-1206 - WHEN COURT MAY REFUSE JUDGMENT OR DECREE.
Section 10-1207 - REVIEW OF ORDERS, JUDGMENTS AND DECREES.
Section 10-1208 - FURTHER RELIEF ON PETITION — SHOWING BY ADVERSE PARTY.
Section 10-1209 - ISSUES OF FACT — TRIAL AND DETERMINATION.
Section 10-1211 - PARTIES TO ACTION — MUNICIPAL ORDER OR FRANCHISE.
Section 10-1212 - CONSTRUCTION OF ACT.
Section 10-1213 - “PERSON” DEFINED.
Section 10-1214 - SEPARABILITY — EXCEPTION.
Section 10-1215 - CONSTRUCTION TO EFFECTUATE UNIFORMITY.