Lowery v. Board of County Commissioners for Ada County

WALTERS, Chief Judge.

A district judge reversed the approval of a conditional use permit and zoning certificate by the Ada County Board of Commissioners. The court awarded court costs and attorney fees to the appellants below. This appeal by the county and the companion appeal by the original applicants present us with an opportunity to examine a district judge’s authority to finally resolve zoning-related matters and to review the limits of the district court’s discretion when awarding costs and attorney fees to the prevailing party. For the reasons set forth below, we uphold the court’s…