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REARDON v. MAGIC VALLEY SAND AND GRAVEL

No. 29120.

90 P.3d 340 (2004)

140 Idaho 115

G. David REARDON, a married man, Plaintiff, and MAGIC VALLEY SAND AND GRAVEL, INC., Plaintiff-Appellant, v. City of Burley, a municipal corporation and the County of Cassia, Defendants-Respondents.

Supreme Court of Idaho, Twin Falls, November 2003 Term.

Rehearing Denied April 29, 2004.

Attorney(s) appearing for the Case

Marcus, Merrick, Christian & Hardee, L.L.P., Boise, for appellant. Michael R. Christian argued.

Parsons, Smith & Stone, Burley, for respondent, City of Burley. Randolph C. Stone argued.

Alfred E. Barrus, Cassia County Prosecutor, Burley, for respondent, County of Cassia. Did not participate in the appeal.

SUBSTITUTE OPINION

KIDWELL, Justice.

This is an appeal by Magic Valley Sand and Gravel, Inc. (Magic Valley) from an order of the district court denying a claim for attorney fees pursuant to Idaho Code § 12-117 against the City of Burley (City) and Cassia County (County). Magic Valley argues they are entitled to attorney fees pursuant to Idaho Code § 12-117. Because the County acted without a reasonable basis in fact or law, the Order of the district...

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