concurring specialty-
I concur in the result. The Legislature has created some confusion when it authorizes “appeals” from any determination of a board of county commissioners (§ 11-11-39, NDCC). The determination of contractual rights and the application of equitable principles are judicial functions. This ease must be returned to the district court so that it can be tried like any contract dispute. The rules which apply to a judicial review of an administrative determination have no application here. See Williams Electric Coop. v. Montana-Dakota Utilities Co., 79 N.W.2d 508 (N.D.1956), and 73 CJS Public Administrative Law and Procedure § 66.