Pancoast v. Indian Cove Irrigation District

JOHNSON, Justice.

This case concerns an award of attorney fees pursuant to I.C. § 12-120(1). We hold that a trial court may not award attorney fees under this statute unless the amount pleaded is $25,000 or less, even if the proof offered at trial indicates damages of $25,-000 or less.

I

THE BACKGROUND AND PRIOR PROCEEDINGS.

Donald Pancoast sued Indian Cove Irrigation District (Indian Cove), alleging that Indian Cove failed to supply sufficient water to him during the 1987 irrigation season and that this failure caused Pancoast crop damage “in an amount in excess of $10,-000.” In their pleadings,…