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LAKE CDA INVESTMENTS v. DEPT. OF LANDS

No. 35323-2008.

233 P.3d 721 (2010)

LAKE CDA INVESTMENTS, LLC, and Chris Keenan, Plaintiffs-Respondents, v. IDAHO DEPARTMENT OF LANDS; the Idaho State Board of Land Commissioners; and, the State of Idaho, Defendants-Appellants, and Idaho Department of Transportation, Intervenor-Appellant.

Supreme Court of Idaho, Coeur d'Alene, April 2010 Term.

June 2, 2010.

Attorney(s) appearing for the Case

The Hon. Lawrence G. Wasden, Attorney General, Boise, for appellants. David Stanish argued on behalf of the Idaho Department of Lands and Chris Kronberg argued on behalf of the Idaho Department of Transportation.

John F. Magnuson, Coeur d'Alene, for respondents.

EISMANN, Chief Justice.

This is an appeal from a judgment of the district court vacating the denials of the respondents' applications for dock permits on Lake Coeur d'Alene and awarding judgments for court costs and attorney fees against the Idaho Department of Lands and the Idaho Transportation Department. We affirm the judgment vacating the denial of the dock permits, and we reverse the judgments for court costs and attorney fees.

I. FACTS AND PROCEDURAL...

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