Roe Ex Rel. Roe v. Harris

JOHNSON, Justice.

This is an attorney fees case in which the party requesting fees invoked both the private attorney general doctrine and I.C. § 12-117 (Supp.1995). We conclude as follows:

1. Between the private attorney general doctrine and I.C. § 12-117, the statute provides the exclusive basis for awarding attorney fees against a state agency-

2. The trial court did not abuse its discretion in determining the prevailing party or in denying discretionary costs.

8. The trial court abused its discretion in denying attorney fees pursuant to I.C. § 12-117 for a partial judgment declaring a conflict…