Decision by District Court on Judicial Review Remanding to City is a "Final Order" for Purposes of Appeal

A decision, upon judicial review of a land use action by a City, remanding to the City for further consideration is a final order for purposes of appeal. Therefore, a Notice of Appeal must be filed within 42 days. Here, the party seeking judicial review obtained a remand, but lost on some other issues. It did not file a Notice of Appeal within 42 days thinking that the remand was not a final order. The Supreme Court disagreed and dismissed the appeal noting that IAR 11(a)(2) specifically includes "[d]ecisions by the district court dismissing, affirming, reversing or remanding an appeal." Goodman Oil Co. v. City of Nampa, No. 34284. http://www.isc.idaho.gov/opinions/goodman34284.pdf



What's that got to do with criminal law practice? Not too much, but IAR 11(b)(10), which deals with appeals from the magistrate court to the district court, contains similar language to IAR 11(a)(2). Thus, Goodman would seem to apply by analogy. So, if you win a partial remand from the district court on an appeal from the magistrate court, Goodman requires that you file a Notice of Appeal within 42 days if there are issues you lost in the appeal.