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eBook details

• Title: Levell Neal v. Harvey J. Harris
• Author : Supreme Court Of Idaho
• Release Date : January 10, 1979
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

On December 19, 1975, the Idaho Department of Water Resources approved defendant respondent Harvey J. Harriss application for a permit to pump groundwater. Plaintiff appellant LeVell Neal had contested Harriss application before the Department of Water Resources, and he appealed to the district court, pursuant to I.C. § 42-203, the departments order which granted Harris a permit. Neals "Petition for Hearing and Notice of Appeal" was filed with the district court on February 17, 1976, the sixtieth day following issuance of the Department of Water Resources order. Harris moved to dismiss Neals appeal, arguing that Neals failure (1) to append a certified copy of Harriss application for water permit to the petition for appeal and (2) to file a cost bond with the district court pursuant to I.R.C.P. 83(h) rendered the appeal ineffectual. The district court granted Harriss motion to dismiss the appeal, stating that Neals failure to submit a certified copy of Harriss application for a water permit with his petition for appeal within sixty days of the Idaho Department of Water Resources order rendered the appeal invalid. We reverse.

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