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SELKIRK-PRIEST BASIN ASS'N v. STATE6/18/1996
Club, 81 Idaho 393, 395-96, 342 P.2d 719, 720-21 (1959). SPBA argues
that its right to challenge timber sales is directly impacted by these two statutes. However, our holdings here and in SPBA I establish that SPBA does not have standing, as alleged in these two instances, to challenge the timber sale. Because SPBA has not demonstrated that it possesses standing to challenge the timber sale in the first instance, it may not maintain a claim of invalidity under the Declaratory Judgment Act.
V.
CONCLUSION
SPBA's affidavits do not establish an injury personal to any of its members that is not equally felt by all the citizens of the county or state. As a result, SPBA has not demonstrated a distinct and palpable injury sufficient to confer it with standing to challenge the administration of endowment trust lands. Nor can SPBA claim standing as a party aggrieved by final agency action pursuant to I.C. § 67-5270 since review of the Land Board's decision under the APA is expressly prohibited by I.C. § 58-405. Finally, because SPBA lacks standing in the first instance, it cannot challenge the constitutionality of I.C. §§ 58-405 and 407 under the Declaratory Judgment Act.
Costs on appeal to respondent and intervenor.
McDEVITT, C.J., and JOHNSON, TROUT and SCHROEDER, JJ., concur.
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