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IDAHO DEPT. OF LAW ENFORCEMENT v. KLUSS

No. 20539.

873 P.2d 1336 (1994)

125 Idaho 682

IDAHO DEPARTMENT OF LAW ENFORCEMENT, By and Through Richard L. Cade, Director, Plaintiff-Appellant, v. Real Property Located Within Kootenai County, Idaho, legal description as follows: Lot 12, Block 4, Indian Meadows, according to the plat recorded in the offices of the County Recorder in Book "E" of Plats, page 130, records of Kootenai County, Idaho and the Certificate of Corrected Dedication and Amendments to Indian Meadows Subdivision, recorded in Book 70 of Miscellaneous at page 364, records of Kootenai County, Idaho, Defendant, and Robert Pete KLUSS, Claimant-Real Party in Interest, Respondent. IDAHO DEPARTMENT OF LAW ENFORCEMENT, By and Through Richard L. Cade, Director, Plaintiff-Appellant, v. Real Property Located Within Kootenai County, Idaho, legal description attached hereto as Exhibit "A", Defendant, and Robert Pete KLUSS, Claimant-Real Party in Interest, Respondent.

Supreme Court of Idaho.

May 13, 1994.

Attorney(s) appearing for the Case

Larry EchoHawk, Atty. Gen., Clayne S. Zollinger, Deputy Atty. Gen., argued, Boise, for appellant.

Harvey Richman, Coeur d'Alene, for respondent.

TROUT, Justice.

This appeal results from an award of attorney fees made by the district court to the respondent, Robert P. Kluss (Kluss) pursuant to I.C. § 12-117. Attorney fees were awarded after the court determined that the Department of Law Enforcement (DLE) had acted without a reasonable basis in fact or law.

BACKGROUND

The facts from which this forfeiture action arises are essentially undisputed. On June 21, 1991, Kluss was arrested for...

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