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SMITH v. WASHINGTON COUNTY IDAHO

No. 35851.

247 P.3d 615 (2010)

David SMITH, Plaintiffs-Appellant, v. WASHINGTON COUNTY IDAHO, and its Commissioners, Rich Michael, Roy Mink, and Mike Hopkins, all acting in their capacity as Commissioners of Washington County, Idaho, Defendants-Respondents.

Supreme Court of Idaho, Boise, June 2010 Term.

December 15, 2010.

Attorney(s) appearing for the Case

R. Brad Masingill , Weiser, for Appellant. Christ Troupis argued.

Delton Walker , Weiser, for Respondents.

SUBSTITUTE OPINION

THE COURT'S PREVIOUS OPINION FILED OCTOBER 6, 2010 IS HEREBY WITHDRAWN.

W. JONES, Justice.

I. NATURE OF THE CASE

David D. Smith appeals from the district court's decision to deny his request for costs and attorney fees he incurred while compelling Washington County to issue him a residential building permit.

II. FACTUAL AND PROCEDURAL BACKGROUND

In the fall of 2006, David D. Smith, the appellant, bought...

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