Attorneys fees and costs against the state of Idaho, any state agency or any officer or employee.
No judgment for costs or award of attorneys fees against the state of Idaho, any state agency, or any officer or employee of the state of Idaho shall be allowed in any water rights adjudication proceeding pursuant to this chapter. The state of Idaho expressly refuses to waive its sovereign immunity to the imposition of any judgment for costs or award of attorney fees. The state of Idaho, state administrative agency, or any officer or employee shall not be required to pay any fees other than those provided in section 42-1414, Idaho Code, for appearing in a proceeding brought under this chapter or any appeal of a matter arising from such proceeding.
Notes of Decisions
In Re Srba Case No. 39576, 912 P.2d 614 (Idaho 1995).
· cites it 8× “" The Legislature also enacted I.C. § 42-1423, which provides that the State and all state agencies are immune from awards of costs or attorney fees other than those costs required under I.”
State v. Hagerman Water Right Owners, Inc., 947 P.2d 391 (Idaho 1997).
· cites it 8× “The SRBA court’s discussion indicates that it was discussing the State’s failure to object to the fees under I.C. § 42-1423, not as improper pursuant to the private attorney general doctrine in general.”
State ex rel. Higginson v. United States, 912 P.2d 614 (Idaho 1995).
· cites it 8× “” The Legislature also enacted I.C. § 42-1423, which provides that the State and all state agencies are immune from awards of costs or attorney fees other than those costs required under I.”
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