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EIGHTEEN MILE RANCH, LLC v. NORD EXCAVATING & PAVING, INC.

No. 30807.

117 P.3d 130 (2005)

EIGHTEEN MILE RANCH, LLC, and T.R. Shelby and Emily Shelby, individually and as its managers, Plaintiffs-Respondents, v. NORD EXCAVATING & PAVING, INC., Darrin Nord, and Reed Nord, Defendants-Appellants.

Supreme Court of Idaho, Boise, May 2005 Term.

July 1, 2005.

Attorney(s) appearing for the Case

Thomsen & Stephens, P.A., Idaho Falls, for appellants. Alan C. Stephens argued.

Cox, Ohman & Brandstetter, Chtd., Idaho Falls, for respondent. Michael J. Ohman argued.

JONES, Justice.

After a jury trial involving a contract dispute, the district court denied Appellants' request for attorney fees and costs, having concluded that they were not prevailing parties. We reverse the order denying costs and fees and remand the case for determination of an appropriate award.

I.

T.R. Shelby and Emily Shelby (Shelbys) own Eighteen Mile Ranch, located east of Dubois, Idaho. Camas Creek bisects the ranch, so the Shelbys undertook...

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