State Ex Rel. Winder v. Canyon Vista Family Ltd. Partnership

HORTON, Justice.

This is a condemnation case. The State of Idaho (the State) appeals the district court’s decision to permit the jury to decide issues concerning rights of access from the condemned property and the court’s decision to admit the Idaho Transportation Department’s (ITD’s) order of condemnation into evidence. The State also challenges certain jury instructions and the court’s decision to award the condemnee, Canyon Vista Family Limited Partnership (Canyon), attorney fees. Canyon has moved to dismiss the State’s appeal as moot and seeks attorney fees on appeal. We deny Canyon’s…