Bingham v. Montane Resource Associates

TROUT, Chief Justice.

This is an appeal from the district judge’s order awarding the respondent/eross-appellant Montane Resource Associates (Montane), attorney fees and costs. The appellants/cross-respondents, Ivan and Marti Bingham (the Binghams), appeal the award of fees pursuant to I .C. § 45-413 and the award of discretionary costs. Montane cross-appeals the denial of fees under I.C. §§ 12-120 and 12-121.

I

FACTUAL AND PROCEDURAL BACKGROUND

The underlying suit upon which the attorney fees and costs were awarded involved property and timber initially owned by Richard and Linda Greene (the…