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ADA COUNTY HIGH. DIST. v. ACARREQUI

No. 14249.

673 P.2d 1067 (1983)

105 Idaho 873

ADA COUNTY HIGHWAY DISTRICT, a body politic of the State of Idaho, By and Through its Commissioners, Leon FAIRBANKS, L.C. Bass, and Mike Silva, Plaintiffs-Appellants, v. Floyd ACARREQUI and Carmen M. Acarrequi, husband and wife, d/b/a Cabana Motel, First Federal Savings and Loan Association of Boise, a United States corporation, Defendants-Respondents.

Supreme Court of Idaho.

December 21, 1983.

Attorney(s) appearing for the Case

Alfred C. Hagan, John Frederick Mack, Boise, for plaintiffs-appellants.

E. Don Copple, Boise, for defendants-respondents.

ON DENIAL OF PETITION FOR REHEARING

SHEPARD, Justice.

This is an appeal from only that portion of a judgment awarding attorneys' fees and costs to the defendant property owner in an action in which the appellant Ada County Highway District sought and obtained the condemnation of lands owned by respondents Acarrequi. The only question presented is whether a property owner defendant in an eminent domain proceeding is absolutely entitled to reasonable attorneys...

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