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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO

ALLIANCE FOR PROPERTY RIGHTS AND FISCAL RESPONSIBILITY; BRYON REED; CARL AND LINDA TAYLOR, husband and wife; HAROLD AND RITA CARLSON, husband and wife; JEFF AND JACKIE WALBOM, husband and wife, TED AND CAROL WHITEHEAD, husband and wife; ROBERT JOHNSON; JIM AND PENNY DIXON, husband and wife; PAMELA LYON; WAYNE AND ANN JENSEN, husband and wife; and ELMER AND SANDRA CHERRY, husband and wife, Plaintiffs, v. CITY OF IDAHO FALLS, a municipal corporation, and IDAHO FALLS POWER, a department of the City of Idaho Falls, Defendants.

Case No. 4:12-cv-146-BLW MEMORANDUM DECISION AND ORDER

INTRODUCTION The Court has before it plaintiffs' Motion for Attorneys' Fees (Dkt. 33). The matter is fully briefed and at issue. The Court finds that oral argument would not significantly assist the decisional process and will rule on the motion without a hearing.

MEMORANDUM DECISION AND ORDER - 1

Having thoroughly reviewed the pleadings and being familiar with the record, the Court will grant the motion in part, and deny it in part. More specifically, the Court will award attorneys' fees and costs in the amount of $72,469.06, rather than the nearly $110,000 plaintiffs request in this motion. BACKGROUND Plaintiffs own rural property outside the Idaho Falls city limit. They sued to prevent the City of Idaho Falls from erecting high-voltage power lines on their properties. Their core position is that the City lacks authority to condemn property outside its geographic limits. The lawsuit began in state court in March 2012, when plaintiffs filed their complaint and an application for a temporary restraining order. See Dkts. 1-2, 1-5. Plaintiffs alleged that, shortly before they sued, the City had entered some of their properties

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Idaho Law