Idaho Transportation Department v. Ascorp, Inc.

WALTERS, J. pro term.

This is an appeal from an order of the district court awarding attorney fees to As-corp, Inc. d/b/a Debco Construction (Debco) against the Idaho Transportation Department (ITD) in a declaratory judgment action filed by ITD to determine rights of the parties with respect to a contract for highway construction services on a project in Twin Falls, Idaho. The district court dismissed the action upon Debco’s motion under Idaho Rule of Civil Procedure 12(b)(6) and awarded attorney fees to Debco under Idaho Code section 12-120(3). On appeal ITD argues that the district court…