Lake CDA Investment, LLC v. Idaho Department of Lands

EISMANN, Chief Justice.

This is an appeal from a judgment of the district court vacating the denials of the respondents’ applications for dock permits on Lake Coeur d’Alene and awarding judgments for court costs and attorney fees against the Idaho Department of Lands and the Idaho Transportation Department. We affirm the judgment vacating the denial of the dock permits, and we reverse the judgments for court costs and attorney fees.

I. FACTS AND PROCEDURAL HISTORY

Lake CDA Investments, LLC, and Chris Keenan (Landowners) each own property littoral to Lake Coeur d’Alene. In 1911, one of the…