Cortez v. Owyhee County

BAKES, Chief Justice

concurring in part.

I concur with all of the majority opinion. However, I agree with Justice Bistline that no conflict exists between I.R.C.P. 83(e) and I.C. § 67-5215, because Rule 83(e), in establishing a 42-day deadline for administrative appeals, defers to any different filing deadline set by statute in administrative appeals. I.C. § 67-5215(b) has a 30-day appeal time, and under I.R.C.P. 83(e) the statutory time controls.