IDAHO NEWSPAPER v. CITY OF CASCADE

No. 17657.

788 P.2d 237 (1990)

117 Idaho 422

IDAHO NEWSPAPER FOUNDATION, a nonprofit Idaho corporation; Central Idaho Publications, Inc., an Idaho corporation, doing business as the Central Idaho Star News, Plaintiffs-Appellants, v. The CITY OF CASCADE and its Mayor and City Council in their official capacity, Ina Kolsky, Mayor, Terry Ford, Ron Young, Lyman Smalley, and John Cloninger, Council; Cascade School District, and its Board of Trustees in their official capacity, Ann Young, Chairman, Karolyn Plehal, Elting Hasbrouck, Mark Jensen and Colt Herrick, Board Members, Defendants-Respondents, and Thunder Mountain Publishers, Inc., an Idaho corporation, doing business as the Advocate, a Valley County newspaper, Defendant in Intervention-Respondent.

Court of Appeals of Idaho.

March 2, 1990.


Attorney(s) appearing for the Case

Allen R. Derr & Associates, Boise, for appellant. Frederick J. Frahm argued.

Robert H. Remaklus, Cascade, for respondent City of Cascade.

Thomas G. Maile IV, Boise, for respondent Thunder Mountain Publishers.


BURNETT, Judge.

In this case we are asked to review a district court's award of attorney fees in a mandamus action. The dispositive issue is whether the award was authorized by I.C. § 12-120(3). For the reasons set forth below, we reverse.

The relevant facts are as follows. The City of Cascade and the Cascade School District are public entities required by law to publish notices of various actions. In 1987 these entities began to publish their legal notices...

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