Albee v. Judy

TROUT, Chief Justice.

This is an appeal from the district court’s grant of partial summary judgment in favor of John and Phyllis Albee (“the Albees”), obligating the City of Coeur d’Alene (“the City”) to provide water service to their property, and grant of partial summary judgment in favor of the City dismissing the Albees’ cause of action for violation of civil rights pursuant to 42 U.S.C. § 1983 and attorney’s fees under 42 U.S.C. § 1988.

I

FACTUAL AND PROCEDURAL BACKGROUND

The Albees own Lots 6 and 7 in Block One of the subdivision Springview Terrace, in Kootenai County. The subdivision and…