Smith v. Washington County Idaho, 150 Idaho 388

Summary

The Supreme Court of Idaho affirmed the denial of attorney fees and costs to David Smith after he successfully obtained a residential building permit from Washington County through a petition for judicial review. The court held that Idaho Code section 12-117 did not authorize attorney fees in the petition for review, and that fees under sections 12-120(3) and 12-121 were unavailable. The court also held that Smith was not entitled to costs under Idaho Rule of Civil Procedure 54 because the proceeding was not a civil action.

Holdings

1. Idaho Code section 12-117, as amended in 2010, does not authorize a court to award attorney fees in a petition for judicial review of an administrative decision because such a proceeding is neither an administrative proceeding before an agency nor a civil judicial proceeding commenced by a complaint.
2. Smith was not entitled to attorney fees under sections 12-120(3) or 12-121 because section 12-117 is the exclusive basis for awarding attorney fees against a county in this type of proceeding, and Smith waived those claims at oral argument.
3. Smith was not entitled to costs under Rule 54(d)(1) because the petition for judicial review was not a civil action governed by that rule.

Questions Presented

1. Whether attorney fees were available under Idaho Code section 12-117 for a petition for judicial review of a county decision.
2. Whether attorney fees were available under Idaho Code sections 12-120(3) or 12-121.
3. Whether Smith was entitled to costs under Idaho Rule of Civil Procedure 54(d)(1).
4. Whether Smith was entitled to attorney fees on appeal.

Disposition

affirmed