David Smith v. Washington County Idaho, and its Commissioners, Rich Michael, Roy Mink, and Mike Hopkins

Summary

The Idaho Supreme Court affirmed the district court’s denial of David Smith’s requests for attorney fees and costs after the court ordered Washington County to issue him a residential building permit. The court held that Idaho Code section 12-117 did not authorize an award of attorney fees in this petition for judicial review, and that 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 complaint.
2. Smith could not recover attorney fees under sections 12-120(3) or 12-121 because he expressly waived those claims, and section 12-117 is the exclusive means of awarding attorney fees against a county in this type of proceeding.
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 Smith was entitled to attorney fees under Idaho Code section 12-117 for the petition for judicial review of the County's permit decision.
2. Whether Smith was entitled to attorney fees 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 and costs on appeal.

Disposition

affirmed