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ADA COUNTY v. BROWNING

Docket No. 47984.

489 P.3d 443 (2021)

ADA COUNTY, Plaintiff-Respondent, v. Phillip J. BROWNING, Defendant-Appellant, and Consolidated Supply Co., Idaho State Tax Commission, Wilmington Savings Fund Society, FSB, as Trustee of Stanwich Mortgage Trust A, Defendants.

Supreme Court of Idaho, Boise, April 2021 Term.

Filed: June 18, 2021.

Attorney(s) appearing for the Case

Idaho Injury Law Group, PLLC, Boise, attorneys for Appellant. Seth Diviney argued.

Ada County Prosecutor's Office, Boise, attorneys for Respondent. Claire Tardiff argued.

This case concerns the district court's refusal to award Appellant Phillip Browning attorney fees under Idaho Code section 12-117 after he successfully defended an attempt by Ada County ("the County") to foreclose a medical indigency lien on his home. The district court found the County acted reasonably because it had argued...

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