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SCOTT BECKSTEAD CO. v. CITY OF PRESTON

No. 34644-2007.

216 P.3d 141 (2009)

SCOTT BECKSTEAD REAL ESTATE COMPANY, an Idaho corporation, and Scott Beckstead, individually, Plaintiffs-Appellants, v. CITY OF PRESTON, a municipal corporation, Defendant-Respondent.

Supreme Court of Idaho, Boise, May 2009 Term.

July 7, 2009.

Attorney(s) appearing for the Case

Steven R. Fuller Law Office, Preston, for appellants.

Clyde G. Nelson, Soda Springs, for respondent.

EISMANN, Chief Justice.

This is an appeal from the dismissal of a complaint against a city on the ground that the plaintiff had failed to file a timely notice of claim under Idaho Code § 50-219. The city also cross-appeals the denial of its claim for attorney fees under Idaho Code § 12-120(1). We affirm the dismissal of the complaint and reverse the denial of the city's request for attorney fees. We also award the city attorney fees on appeal.

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