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TOTAL SUCCESS INVEST. v. ADA HIGHWAY DIST.

No. 36069.

227 P.3d 942 (2010)

In the Matter of the Encroachments Located in the Dedicated Alley in Block 23 of Cruzen Addition. TOTAL SUCCESS INVESTMENTS, LLC, an Idaho limited liability company, Petitioner/Appellant/Cross-Respondent, v. ADA COUNTY HIGHWAY DISTRICT, Respondent/Cross-Appellant, and Washington Mutual Bank; and Idaho Power Company, Respondents.

Court of Appeals of Idaho.

March 4, 2010.

Attorney(s) appearing for the Case

Roats Law Office, PLLC, Boise, for appellant/cross-respondent. Richard T. Roats argued.

Trout Jones Gledhill Fuhrman, PA, Boise, for respondent/cross-appellant. Kimbell D. Gourley argued.

Hawley Troxell Ennis & Hawley, LLP, Boise, for respondent, Washington Mutual Bank. Kenneth C. Howell argued.

PERRY, Judge Pro Tem.

Total Success Investments, LLC (TSI) appeals from the district court's denial of its application for a writ of mandate requiring Ada County Highway District (ACHD), Washington Mutual Bank (WaMu), and Idaho Power Company to remove encroachments from an alley. TSI also appeals the district court's award of attorney fees to WaMu. ACHD cross-appeals the district court's denial of its attorney and expert...

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