Idaho Code
Idaho Code

Idaho Code § 7-312 (2026)

Damages. 

✓ current as of May 2026
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Damages. 

If judgment be given for the applicant, he may recover damages which he has sustained, as found by the jury, or as may be determined by the court or referee, upon a reference to be ordered, together with costs; and for such damages and costs an execution may issue; and a peremptory mandate must also be awarded without delay.

Notes of Decisions
Cited in 6 cases, 1959–2017 · leading case: Coeur d'Alene Tribe v. Lawerence Denney, 387 P.3d 761 (Idaho 2015).
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Coeur d'Alene Tribe v. Lawerence Denney, 387 P.3d 761 (Idaho 2015). · cites it 4× “The Court went on to conclude that because writs of prohibition are used with such frequency against public officers, bodies and commissions, Idaho Code section 7-312 provided for the taxation of costs against the state, by necessary implication.”
Heaney v. Bd. of Trs. of Garden Val., Etc., 575 P.2d 498 (Idaho 1978). · cites it 4× “" Similarly, I.C. § 7-312 provides that a successful applicant for a writ of mandate "may recover damages which he has sustained.”
Snake River Mut. Fire Ins. Co. v. Neill, 336 P.2d 107 (Idaho 1959). · cites it 2× “In that case Justice Thomas based the allowance of costs against the state upon the statutes (I.C. §§ 7-312, 7-404) expressly providing for costs in favor of a successful applicant for prohibition.”
Aero Serv. Corp.(W.) v. Benson, 374 P.2d 277 (Idaho 1962). · cites it 2× “2d 167 , the court called attention to the fact that costs were expressly authorized to a successful applicant for a writ of mandate, I.C. § 7-312 (or prohibition, I.C. § 7-404).”
Schweitzer Basin Water Co v. Schweitzer Fire Dist (Idaho 2017). · cites it 2× “eeding involving as adverse parties a state agency or a political subdivision and a person, the state agency, political subdivision or the court hearing the proceeding, including on appeal, shall award the prevailing party reasonable attorney’s fees, witness fees 4 Even if the…”
Coeur d'Alene Tribe v. Lawerence Denney (Idaho 2015). · cites it 2× “The Court went on to conclude that because writs of prohibition are used with such frequency against public officers, bodies and commissions, Idaho Code section 7-312 provided for the taxation of costs against the state, by necessary implication.”
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