Tag: Idaho Code § 12-117

In Two Recent Decisions, the Idaho Supreme Court Finds Attorney Fees On Appeal are Awardable Under Idaho Code § 12-117(1) when a Party Advances Arguments that Disregard the Plain Language of a Statute

The Idaho Supreme Court’s decisions in Jayo Development, Inc. v. Ada County Board of Equalization, 2015 Opinion No. 25 (Feb. 26, 2015) and Arnold v. City of Stanley, 2015 Opinion No. 23 (Feb. 26, 2015), add something for appellate attorneys to consider when involved in proceedings where a person is adverse to a state agency … Continue Reading

The Idaho Supreme Court Refuses to Consider a Request for Attorney Fees on Appeal Because the Party Seeking Fees Did Not Address the Request in the Argument Section of Its Appeal Brief

Nampa Education Ass’n v. Nampa School District. No. 131, 2015 Opinion No. 22 (Feb. 26, 2015), is yet another recent case involving a request for attorney fees under Idaho Code § 12-117. There the Idaho Supreme Court refused to consider the request because the Nampa Education Association, the prevailing party on appeal, failed to address … Continue Reading