Reardon v. Magic Valley Sand and Gravel

SUBSTITUTE OPINION

KIDWELL, Justice.

This is an appeal by Magic Valley Sand and Gravel, Inc. (Magic Valley) from an order of the district court denying a claim for attorney fees pursuant to Idaho Code § 12-117 against the City of Burley (City) and Cassia County (County). Magic Valley argues they are entitled to attorney fees pursuant to Idaho Code § 12-117. Because the County acted without a reasonable basis in fact or law, the Order of the district court is vacated and remanded.

I

FACTUAL AND PROCEDURAL BACKGROUND

Magic Valley owns three parcels of land (parcels A, B, & C) that are located in…