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FLYING "A" RANCH v. BD. OF COUNTY COM'RS

Nos. 40987-2013, 41132-2013.

328 P.3d 429 (2014)

FLYING "A" RANCH, INC., an Idaho corporation; Clen Atchley; Emma Atchley; Laura Pickard; Clay Pickard, George Ty Nedrow; and David Tuk Nedrow, Petitioners, v. BOARD OF COUNTY COMMISSIONERS FOR FREMONT COUNTY, Idaho, a political subdivision of the state of Idaho; Ronald "Skip" Hurt, in his official capacity; and Leroy Miller, in his official capacity, Respondents, v. Karl H. Lewies, Real Party in Interest-Appellant. E.C. Gwaltney, III, and Lana K. Varney, Petitioners, v. Board of County Commissioners for Fremont County, a political subdivision of the State of Idaho; Ronald "Skip" Hurt, in his official capacity; and Leroy Miller, in his official capacity, Respondents, v. Karl H. Lewies, Real Party in Interest-Appellant.

Supreme Court of Idaho, Idaho Falls, May 2014 Term.

June 17, 2014.

Attorney(s) appearing for the Case

Karl H. Lewies , Rexburg, argued in his own behalf.

Blake G. Hall , Hall Angell & Starnes LLP, Idaho Falls, argued for respondents.

EISMANN, Justice.

This is an appeal out of Fremont County from an award of sanctions against the county prosecuting attorney under Rule 11(a)(1) of the Idaho Rules of Civil Procedure. Because there is no legal basis for the award, we reverse.

I.

Factual Background.

On May 15, 2012, Karl H. Lewies won the primary election for the position of Fremont County Prosecuting Attorney. Because he had no opponent in the general election, which would...

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