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BONNER COUNTY v. CUNNINGHAM

No. 40642.

323 P.3d 1252 (2014)

BONNER COUNTY, Idaho, Plaintiff-Respondent, v. Michael T. CUNNINGHAM, Jr., Real Party in Interest-Appellant, and Nine Thousand Fifty Dollars U.S. Currency, Defendant.

Court of Appeals of Idaho.

April 24, 2014.

Attorney(s) appearing for the Case

Valerie P. Thornton , Sandpoint, for appellant.

Louis E. Marshall, III , Bonner County Prosecuting Attorney, Sandpoint, for respondent.

LANSING, Judge.

Michael T. Cunningham, Jr. appeals from the district court's decision on intermediate appeal affirming the magistrate's denial of Cunningham's motion for an award of attorney fees pursuant to Idaho Code § 12-117. At issue is whether respondent Bonner County acted under a reasonable interpretation of an ambiguous statute, thus precluding an award under the statute. We reverse the district court's decision and remand for further proceedings in the...

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