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CITY OF OSBURN v. RANDEL

No. 37965.

277 P.3d 353 (2012)

CITY OF OSBURN, Plaintiff-Respondent, v. David C. RANDEL and Pamela L. Randel, husband and wife, Defendants-Appellants.

Supreme Court of Idaho, Boise, April 2012 Term.

April 26, 2012.

Attorney(s) appearing for the Case

Madsen Law Office, P.C., Coeur d'Alene , for appellants. Henry D. Madsen argued.

Ramsden & Lyons, LLP, Coeur d'Alene , for respondent. Christopher D. Gabbert argued.

J. JONES, Justice.

David and Pamela Randel appeal the denial of their request for attorney fees under I.C. § 12-117, following the dismissal of a zoning enforcement action brought against them by the City of Osburn (City). The district court found the Randels to be the prevailing party but held they were not entitled to a fee award because the City had not pursued the action frivolously or without foundation. The Randels appeal to this Court and we affirm.

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