City of Osburn v. Randel

J. JONES, Justice.

David and Pamela Randel appeal the denial of their request for attorney fees under I.C. § 12-117, following the dismissal of a zoning enforcement action brought against them by the City of Osburn (City). The district court found the Randels to be the prevailing party but held they were not entitled to a fee award because the City had not pursued the action frivolously or without foundation. The Randels appeal to this Court and we affirm.

I

BACKGROUND

On August 14, 2007, the City’s attorney wrote to the Randels to notify them they were in violation of City zoning ordinances. The…