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McVICKER v. CITY OF LEWISTON

No. 29034.

95 P.3d 640 (2004)

140 Idaho 489

William and Margaret McVICKER, a marital community, and Dorothy McGee, Petitioners-Appellants, v. CITY OF LEWISTON, municipal entity; and Jan Vassar, Lewiston City Manager, Charles Borcich, Lewiston Building Official, Steve Watson, Lewiston Interim Community Development Director, Jerry Hume, Assistant Lewiston City Planner; and James Cook, d/b/a Cook Construction; and Kevin Dotson, d/b/a American Dream Construction Company, Defendants-Respondents.

Supreme Court of Idaho, Lewiston, October 2003 Term.

July 26, 2004.

Attorney(s) appearing for the Case

Clearwater Law Offices, Lewiston, for appellants. Earl L. McGeoghegan, argued.

Don L. Roberts, Lewiston, for respondent City of Lewiston.

SUBSTITUTE OPINION

THE COURT'S PRIOR OPINION DATED JULY 23, 2004 IS HEREBY WITHDRAWN.

SCHROEDER, Justice.

This case comes on appeal from the order of the district court denying William (deceased) and Margaret McVicker and Dorothy McGee (the McVickers), attorney fees under I.C. § 12-117 in an action against the City of Lewiston (City) for improperly issuing a building permit. The district court denied attorney fees on the basis that the issues...

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