Smith v. Washington County Idaho

SUBSTITUTE OPINION

THE COURT’S PREVIOUS OPINION FILED OCTOBER 6, 2010 IS HEREBY WITHDRAWN.

W. JONES, Justice.

I. Nature of the Case

David D. Smith appeals from the district court’s decision to deny his request for costs and attorney fees he incurred while compelling Washington County to issue him a residential building permit.

II. Factual and Procedural Background

In the fall of 2006, David D. Smith, the appellant, bought an eighty-acre parcel near Midvale, Idaho. Sometime in early 2007, Smith sought a permit from the Washington County Board of Commissioners (the “Board”) to build a house on his…