Fuchs v. Idaho State Police, Alcohol Beverage Control

BURDICK, Chief Justice.

This case concerns the appeal of Appellant Daniel S. Fuchs (Fuchs) from the district court’s decision finding that the Director of the Idaho State Police, Alcohol Beverage Control (ABC) had properly exercised his discretion when he ruled that neither party had been a prevailing party for the purposes of attorney fees. We agree that Fuchs was not a prevailing party and affirm the district court’s decision to deny attorney fees.

I. FACTUAL AND PROCEDURAL BACKGROUND

On June 6,2008, Fuchs was issued a Retail Alcohol Beverage License and subsequently opened Aubrey’s House of…