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URRUTIA v. BLAINE COUNTY

No. 24586.

2 P.3d 738 (2000)

134 Idaho 353

Johnny Michael URRUTIA and Lynn Marie Urrutia; Lawrence John Urrutia and Patricia G. Urrutia; Sonja Allece Humphries and Martin J. Humphries; Constance Rae Stauts and Frank Lynn Stauts; Louisa Marie Harris and Samuel Robert Harris; Valentia Jo Allen and Jeff Allen; The Urrutia Family Limited Partnership; and Virginia Reed, Petitioners-Respondents-Cross Appellants, v. BLAINE COUNTY, Idaho, By and Through its duly elected BOARD OF COMMISSIONERS, Respondent-Appellant-Cross Respondent.

Supreme Court of Idaho, Twin Falls, November 1999 Term.

Rehearing Denied June 9, 2000.

Attorney(s) appearing for the Case

Blaine County Prosecuting Attorney, Hailey, for appellant. Douglas A. Werth argued.

Rosholt, Robertson & Tucker, Twin Falls, for respondent Urrutia. Gary D. Slette argued.

Hepworth, Lezamiz & Hohnhorst, Twin Falls, for respondent Reed. John C. Hohnhorst argued.

TROUT, Chief Justice.

This is a land use case involving the district judge's reversal of the Blaine County Board of Commissioners' (Board) decision to deny two subdivision applications submitted by respondents Johnny Michael Urrutia, et al. (Urrutias) and Virginia Reed (Reed). The Urrutias and Reed have cross-appealed from the district judge's refusal to award attorney fees under I.C. § 12-117. We hold that the Board's...

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