Legal Opinion
Idaho Department of Law Enforcement Ex Rel. Cade v. Real Property Located Within Kootenai County
Idaho Supreme Court
Decided May 13, 1994No. 20539PublishedCited by 13 opinions
1Opinion of the Court
TROUT, Justice.
This appeal results from an award of attorney fees made by the district court to the respondent, Robert P. Kluss (Kluss) pursuant to I.C. § 12-117. Attorney fees were awarded after the court determined that the Department of Law Enforcement (DLE) had acted without a reasonable basis in fact or law.
BACKGROUND
The facts from which this forfeiture action arises are essentially undisputed. On June 21, 1991, Kluss was arrested for violations of the Controlled Substances Act. The arrest was the culmination of DLE efforts, which had included service of search warrants on two pieces of…
2Cases cited3 opinions
- William v. CenarrusaIdaho Supreme Court · 1984
- Bogner v. State Dept. of Revenue and Tax.Idaho Supreme Court · 1984
- Moosman v. Idaho Horse Racing CommissionIdaho Supreme Court · 1990
3Cited by13 opinions
- Great Plains Equipment, Inc. v. Northwest Pipeline Corp.Idaho Supreme Court · 1999
- Rincover v. State, Department of FinanceIdaho Supreme Court · 1999
- McCoy v. State, Department of Health & WelfareIdaho Supreme Court · 1995
- Rohr v. RohrIdaho Supreme Court · 1996
- State v. Hagerman Water Right Owners, Inc.Idaho Supreme Court · 1997
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