City of Pocatello v. Anderton

HUNTLEY, Justice.

This appeal presents two issues for resolution: (1) whether the trial court erred in denying a request for jury trial which was made two years after the date of service of *372the last pleading directed to an issue triable by jury; and (2) whether condemnees in eminent domain proceedings are, in the circumstances presented, entitled to recover attorney fees as part of the costs reasonably incurred in determining the just compensation due them.

This appeal rose from the condemnation by the City of Pocatello of thirteen acres along the Portneuf River for parkland. A written offer of…