Rammell v. Idaho State Department of Agriculture

Chief Justice EISMANN,

specially concurring.

I concur in the majority opinion, but write to add further analysis regarding the majority opinion in Stewart v. Department of Health and Welfare, 115 Idaho 820, 771 P.2d 41 (1989). The Stewart majority held that Idaho Code § 12-117 permitted an administrative agency to award attorney fees. That holding was contrary to the wording of the statute, which provides that “the court shall award the prevailing party reasonable attorney’s fees.” (Emphasis added.) Without explaining how the word “court” could be eonstrued to include an administrative agency,…