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PANCOAST v. INDIAN COVE IRR. DIST.

No. 18819.

829 P.2d 1333 (1992)

121 Idaho 984

Donald PANCOAST, Plaintiff-Appellant, v. INDIAN COVE IRRIGATION DISTRICT, Defendant-Respondent.

Supreme Court of Idaho, Boise, January 1992 Term.

Rehearing Denied June 1, 1992.

Attorney(s) appearing for the Case

Matthews Law Offices, Boise, for appellant. Ellison M. Matthews argued.

Hall & Friedly, Mountain Home, for respondent. Perce E. Hall argued.

JOHNSON, Justice.

This case concerns an award of attorney fees pursuant to I.C. § 12-120(1). We hold that a trial court may not award attorney fees under this statute unless the amount pleaded is $25,000 or less, even if the proof offered at trial indicates damages of $25,000 or less.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS.

Donald Pancoast sued Indian Cove Irrigation District (Indian Cove), alleging that Indian Cove failed to supply...

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