Boundary Backpackers v. Boundary County

I concur in that portion of the Court’s opinion which reverses the award of attorney fees. I dissent from the Court’s determination that one of the plaintiffs has standing and the determination that this case is ripe for determination.

I

CONSTRUCTION OF IDAHO’S UNIFORM DECLARATORY JUDGMENT ACT

The Declaratory Judgment Act is remedial in nature. Its purpose is to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations, and is to be liberally construed. I.C. § 10-1212; Idaho Mut. Benefit Ass’n v. Robison, 65 Idaho 793, 154 P.2d 156 (1944); State ex…