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STATE EX REL. SMITH v. JARDINE

No. 23213.

940 P.2d 1137 (1997)

130 Idaho 318

STATE of Idaho ex rel., Leon E. SMITH, Mike P. Mitchell and John X. Combo, Idaho Transportation Board, Plaintiffs-Appellants, v. Jo Grace JARDINE, and Jo Grace Jardine, As Personal Representative of Estate of Carl V. Jardine, and West One Bank, Defendants-Respondents.

Supreme Court of Idaho, Boise, April 1997 Term.

July 9, 1997.

Attorney(s) appearing for the Case

Alan G. Lance, Attorney General; John J. McMahon, Chief Deputy Attorney General; Patrick Fanning, Deputy Attorney General, argued, Boise, for appellants.

Meuleman, Miller & Cummings, Boise, for respondents. Robert L. Miller argued, Boise.

JOHNSON, Justice

This is a condemnation case. The primary issue presented is whether the trial court abused its discretion in awarding attorney fees to the party whose property was condemned (the condemnee). We conclude that the trial court did not abuse its discretion. In doing so, we restate the standard the trial courts should follow in considering an award of attorney fees in condemnation cases. We also award the condemnee attorney fees on appeal.

I....

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