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INCLUSION v. ID DEPT OF HEALTH & WELFARE

Docket No. 42245.

385 P.3d 1 (2016)

INCLUSION, INC., an Idaho corporation; Inclusion North, Inc., an Idaho corporation; and Inclusion South, Inc., an Idaho corporation, Plaintiffs-Respondents, v. IDAHO DEPARTMENT OF HEALTH AND WELFARE, a department of the State of Idaho, and Richard Armstrong, in his official capacity as Director of the Idaho Department of Health and Welfare, Defendants-Appellants.

Supreme Court of Idaho, Boise, November 2016 Term.

Filed: November 23, 2016.

Attorney(s) appearing for the Case

Hon. Lawrence D. Wasden , Idaho Attorney General, Boise, for appellants. Carl J. Withroe , Deputy Attorney General argued.

Charney & Associates, Eagle, for respondents. Dennis M. Charney argued.

The Idaho Department of Health and Welfare (IDHW) appeals the Ada County district court's award of attorney fees under Idaho Code section 12-120(3). IDHW contends the district court abused its discretion by basing the award on the amount billed by the Attorney General. We agree.

I. FACTUAL AND PROCEDURAL BACKGROUND

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