Bonner County v. Cunningham

LANSING, Judge.

Michael T. Cunningham, Jr. appeals from the district court’s decision on intermediate appeal affirming the magistrate’s denial of Cunningham’s motion for an award of attorney fees pursuant to Idaho Code § 12-117. At issue is whether respondent Bonner County acted under a reasonable interpretation of an ambiguous statute, thus precluding an award under the statute. We reverse the district court’s decision and remand for further proceedings in the magistrate court.

I

BACKGROUND

On March 30, 2011, Cunningham’s home was searched pursuant to a search warrant. Police found small amounts…